Sexual Orientation and Transgender (LGBTQ)
It is illegal to discriminate against employees because of their sexual orientation or gender identity. According to the U.S. Equal Employment Opportunity Commission (EEOC), Title VII of the 1964 Civil Rights Act (Title VII) covers discrimination against LGBTQ employees, “as allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex.” The Second Circuit (NY) on February 26, 2018 held that sexual orientation (LGBTQ) is covered under Title VII, resolving a very large dispute in the Circuit about the applicability of sexual orientation under Title VII. Sexual orientation cases are decided in the same way as sex discrimination claims. The employee must demonstrate that his/her/it etc. sexual orientation was a substantial motivating factor in the adverse decision made by the company.
For more information about protecting yourself from sexual orientation discrimination, please contact our Employment Lawyers at Carey & Associates, P.C. at 203-255-4150 or firstname.lastname@example.org.