Articles Tagged with LGBT discrimination attorney

Imagine not being able to put a photo of your family on your desk. Think about what you would do if you couldn’t talk aboutsexual orientation rights simple weekend plans with co-workers. What would you do if you couldn’t even mention the name of your significant other? This is the reality for almost half of LGBTQ employees nationwide, according to a Human Rights Campaign report. A survey of workers of all sexual orientations found that of those who identified at LGBTQ, 46 percent still hide their orientation at work, a number that has remained about the same over the past 10 years. A Human Rights Campaign Report from 2008 tallied 50 percent of LGBTQ respondents as being closeted in the workplace.

Further data collected from those who identified as LGBTQ paints a pretty clear picture as to why many still hide their private lives. About 20 percent said they were told to dress in a way that was more aligned with their perceived gender. Over 50 percent said they had heard jokes about homosexuality at work at least once in while. These stats likely have contributed to the next data point: 31 percent report feeling depressed or unhappy in the workplace. Continue Reading ›

The intent of Title VII of the Civil Rights Act of 1964, to protect workers from employer discrimination, is alive and well as courts continue to use this more than 50-sexual orientation discriminationyear-old statute to defend citizens who are unjustly targeted by their employer for their sex, national origin, race, color, or religion. And thanks to a skydiving instructor and a ruling by the 2nd U.S. Circuit Court of Appeals, sexual orientation is becoming more recognized as a status that falls under these protections.

Sexual orientation discrimination is a form of sex discrimination, the court recently determined in its 10-3 opinion, which mirrors a previous ruling by the 7th Circuit Court of Appeals last year, according to CNN. The opinion affirms the conclusion of the 7th Circuit as well as EEOC Decision No. 0120133080  that the employee’s sex is being taken into consideration in relation to the person they are attracted to. In other words, if a male employee was attracted to a man and a female employee is attracted to that same man, punishing the male employee would be discrimination based on his sex, all other considerations remaining the same. The ruling further outlines “associational discrimination,” as a form of sex discrimination because the “employer took his or her sex into account by treating him or her differently for associating with a person of the same sex.”

This flings opens the door for others in those circuits to file lawsuits for sexual orientation discrimination. The 2nd Circuit Court of Appeals covers Connecticut, New York and Vermont, while the 7th Circuit Court of Appeals includes areas of Indiana, Illinois, and Wisconsin. Continue Reading ›

In a disappointing move for supporters of LGBT civil rights, the U.S. Supreme Court turned down the opportunity to weigh an appeal by a security guard in Georgia who alleged she was harassed at work and ultimately forced to resign due to her sexuality. This refusal to hear the case means the court means there will be no review of federal law and interpretation as to whether laws against gender-based bias also protect lesbian, gay bisexual and transgender individuals for their sexual orientation. LGBT discrimination lawyer

It also means that the ruling issued by the U.S. Court of Appeals for the 11th Circuit earlier this year. Had the highest court in the land chosen to review it, such a ruling might have settled the question that has been divided several lower courts: Does Title VII, banning gender discrimination, also protect people on the basis of their sexual orientation. Title VII does bar discrimination against workers based on religion, race, color and national origin, but makes no specific mention of sexual orientation. A number of states (including California) have enacted laws that protect LGBT workers, but at the federal level, there is no such guaranteed protection.

Five years ago, the U.S. Equal Employment Opportunity Commission, which enforces Title VII, began arguing that discrimination against LGBT employees is a violation of federal law. But that was a position taken under the Obama administration. This last summer, Trump administration officials argued the very opposite in the case of a skydiving instructor who lost his job after revealing to a customer he was gay. A ruling on that case is still pending.  Continue Reading ›

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