LGBTQ+ Workplace Protections After Bostock v. Clayton County
The Supreme Court confirmed that Title VII protects LGBTQ+ employees.
The Bostock Decision
In 2020, the Supreme Court ruled that Title VII's sex discrimination prohibition encompasses discrimination based on sexual orientation and gender identity. This provides clear, nationwide protection for LGBTQ+ employees at workplaces with 15+ employees.
What Bostock Protects
It is illegal to fire, refuse to hire, demote, deny promotions, reduce pay, or take any adverse action because of sexual orientation or gender identity. This includes harassment.
Gender Identity and Transition at Work
Employers cannot refuse to use preferred names or pronouns as harassment, restrict restroom use based on assigned sex, terminate for transitioning, or out an employee's transgender status without consent.
Taking Action
Document discriminatory conduct, report internally, and file an EEOC charge if the employer fails to address it. The process is the same as for any Title VII claim.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
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