For many people, it’s shocking to learn that nearly half of LGBT adults live in states lacking laws explicitly prohibiting discrimination at work based on sexual orientation and/or gender identity. Further, most people believe that there is a federal law explicitly prohibiting anti-LGBT discrimination in the workplace.
A new report from MAP, the ACLU and Lambda Legal provides an overview of the current state of employment nondiscrimination protections for LGBT people. Are LGBT Workers Protected from Discrimination? Unravelling the Patchwork of Federal, State, and Local Employment Protections examines the existing federal, state and local laws and court rulings that offer employment protections to LGBT workers. This brief also examines the legal gaps that leave workers vulnerable to discrimination because laws don’t explicitly include the terms “sexual orientation” or “gender identity,” and courts have not interpreted sex discrimination provisions correctly.
Unfortunately, the reality is that far too many LGBT employees are at risk of discrimination, harassment and even unlawful termination. Last week, the ACLU filed a response before the U.S. Supreme Court in a case in which Aimee Stephens, a transgender woman, was fired when she came out to her employer and informed them that she planned to start dressing in appropriate business attire for a woman.
Despite a lack of an explicit federal law prohibiting employment discrimination, Title VII of the federal Civil Rights Act of 1964 prohibits discrimination based on sex, race, color, national origin, and religion, and provides the foundation for equal employment opportunity in the United States. Therefore, a growing number of federal courts and the federal Equal Employment Opportunity Commission (EEOC) have concluded that when a person is discriminated against because of their sexual orientation or gender identity, such discrimination is inherently differential treatment based on the individual’s sex.
However, only 20 states and the District of Columbia have state statutes that explicitly prohibit discrimination in employment based on sexual orientation and gender identity, while two states have statutes that explicitly prohibit discrimination based on sexual orientation but not gender identity, and hundreds of cities and counties have passed local nondiscrimination ordinances to protect LGBT workers from discrimination.
Public support is on the side of passing comprehensive and inclusive nondiscrimination employment protections. In 2018, 71% of Americans said they support laws that protect LGBT people from discrimination, including majority support in every state across the country. However, despite this support, federal law, state laws, and the majority of local ordinances do not explicitly prohibit discrimination against LGBT people.
It’s time to update our nondiscrimination laws, so that everyone can have a fair shot to earn a living and provide for their family.
Take action:
• READ the report Are LGBT Workers Protected from Discrimination? Unravelling the Patchwork of Federal, State, and Local Employment Protections
• LEARN MORE about the report and ways to take action in MAP's latest blog post
• HEAR Aimee's story of how she was fired when she came out to her employer as transgender
• SHARE the report and infographics on social media with the hashtag #LGBTWorkers
• DONATE to protect LGBT workers from discrimination
