Many in the LGBTQ+ community often fear they will be fired or not receive promotional opportunities because of the way they identify or because of their sexual orientation.
In the past, the protections against LGBTQ+ discrimination in the workplace were not very strong. However, the U.S. Supreme Court made a ruling that protects workers identifying as gay or transgender in the workplace.
In 2020, the Supreme Court ruled 6-3 that LGBT workers cannot be terminated from their roles simply because of how they identify or who they choose to love.
Justice Gorsuch wrote the decision stating that “An individual’s homosexuality or transgender status is not relevant to employment decisions… because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
The original case was brought three employees who claimed they were terminated because they identified as gay or transgender. They argued that, under Title VII of the Civil Rights Act, employers cannot discriminate based on “sex” which also encompasses sexual orientation and gender identity.
Everyone has a right to a work environment free from discrimination
No matter where an individual works, they have a right to work in a safe environment.
If you are being mistreated by coworkers, colleagues, supervisors, managers or your employer because of your sex, gender or sexual orientation, you have the right to speak up against such activity and demand change.
If your boss or HR department fails to take action against this activity, seeking advocacy from a New York employment law attorney with intricate knowledge of protections provided is advised.