New York residents who are part of the LGBTQ community sometimes face discrimination in the workplace. While Title VII of the Civil Rights Act bans workplace discrimination that is based on sex, the law does not specifically mention sexual orientation and gender identity discrimination. However, some courts choose to interpret sex discrimination to include those characteristics.
In 2014, former President Obama signed an executive order that specifically addressed the issue of LGBTQ discrimination in the workplace. Executive Order 13672 made it illegal for federal contractors to discriminate against employees for their gender identity or sexual orientation. The order protects about 22 percent of the U.S. workforce, or 28 million workers.
With a new president in office, some people are worried about the fate of LGBTQ workplace discrimination. President Trump has previously talked about repealing Obama’s executive orders and drastically reducing government regulations. When asked whether President Trump would repeal EO 13672, Press Secretary Sean Spicer replied that he did not know. Trump has indicated that he would protect the rights of LGBTQ Americans and do nothing to overturn the Supreme Court ruling on same-sex marriage.
LGBTQ workers in the public or private sector may have recourse if they are discriminated against in the workplace. If an individual was turned down for a job or harassed at work because they are gay or transgender, the individual may be able to file a claim under Title VII of the Civil Rights Act. An attorney may be able to help an individual to build a strong workplace discrimination claim and pursue financial compensation.