In 2015, the U.S. Supreme Court said that same-sex couples have the right to marry. After this, the EEOC said that discriminating against someone based on their sexual orientation is a form of sex discrimination. But, not all courts and agencies agree on this. Some say that Title VII doesn’t cover sexual orientation discrimination. We have to wait and see how this will play out in the future. Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against employees based on their race, color, religion, sex, or national origin. This law applies to employers with at least 15 employees for at least 20 weeks in a year. The meaning of the word “sex” in this law has been debated in many court cases. Over the years, Congress has changed and expanded the rules of Title VII to protect more people from discrimination at work. The courts have also helped by saying that things like sexual harassment and gender stereotypes count as discrimination under the law. And in 1998, the Supreme Court said that same-sex harassment is also illegal under Title VII. So now, Title VII protects people from more kinds of unfair treatment at work, even if Congress didn’t originally plan for it to. Some people think that this means it should also protect people based on their sexual orientation and gender identity. In the past few years, the EEOC has been clear that Title VII covers discrimination based on sexual orientation and gender identity. The DOJ and Department of Labor also supported this idea. However, the Trump administration has changed course and now has a different perspective on this issue. The Department of Justice (DOJ) says that the law against sex discrimination does not protect people from being discriminated against because of their sexual orientation or gender identity. They say it’s up to Congress to change the law, not the courts. But the Equal Employment Opportunity Commission (EEOC) disagrees and says the law does protect LGBTQ employees. Now there’s a big disagreement between these two government agencies and the courts, and it might end up going to the Supreme Court to decide. The U.S. Supreme Court has never said whether it’s illegal to discriminate against someone because of their sexual orientation. The lower courts have mostly said it’s not illegal, but the 7th Circuit Court of Appeals recently said it is. Now the 2nd and 11th Circuit Courts of Appeals are also thinking about it, and the Supreme Court might make a decision on it soon. The Seventh Circuit Court ruled that discrimination based on sexual orientation is a form of sex discrimination under Title VII. This means that treating someone differently because of their sexual orientation is illegal under federal law. The decision was based on the idea that discrimination based on sexual orientation is a form of gender nonconformity and is also a type of associational sex discrimination.
In Florida, the law is similar to Title VII, but it does not specifically define “sex” discrimination. Courts in Florida have also interpreted sex discrimination broadly. So, it is possible that the Seventh Circuit’s ruling could have an impact in Florida as well. In 2014, the Florida Supreme Court ruled that pregnancy discrimination is considered sex discrimination under the FCRA law. The following year, the Florida Legislature added pregnancy as a protected class. In 2017, there were bills introduced to also include sexual orientation and gender identity as protected classes, but they were not passed. So, the law still doesn’t protect against discrimination based on sexual orientation or gender identity. In Florida, the federal law doesn’t protect people from discrimination based on sexual orientation or gender identity. However, some counties and cities in Florida have their own rules that do protect people. The rules vary in each place, so if someone believes they’ve been discriminated against, they need to follow the specific rules in their area. It’s also important to make sure the employer is covered by these rules. Overall, the laws about this are changing, and more places are making rules to protect the LGBT community. Many businesses are taking steps to make sure that their employees are not discriminated against because of their sexual orientation or gender identity. Some businesses are even going to court to argue that excluding LGBT people from workplace protections is bad for business. Research shows that discrimination against LGBT people is still a big problem, and it can make people feel bad and affect their work. Whether or not the law changes, it looks like businesses and employees will keep working to stop discrimination at work. In the past, there has been a debate about whether Title VII of the Civil Rights Act of 1964 protects people from discrimination based on their sexual orientation or gender identity. Some cases have said it does, while others have said it doesn’t. The U.S. Equal Employment Opportunity Commission has also been involved in litigation concerning this issue. The U.S. Attorney General has issued memos about how to handle transgender employment discrimination claims, and there have been different opinions about this in the government. Some courts have said that Title VII doesn’t protect against discrimination based on sexual orientation, while others have said it does. The court held that discriminating against someone based on their sexual orientation is essentially the same as discriminating based on gender stereotypes. Some courts have said that Title VII, a law that prohibits workplace discrimination, doesn’t cover discrimination based on sexual orientation. But other courts and the Equal Employment Opportunity Commission have argued that it should. In Florida, there are state laws that specifically protect against discrimination based on sexual orientation. Florida has made progress in addressing issues affecting the LGBT community, such as allowing same-sex couples to adopt children. Several counties and cities in Florida have also passed ordinances to protect LGBT individuals from discrimination in employment and housing. This is consistent with laws in other states that protect LGBT individuals from discrimination. Many businesses and organizations support these efforts to provide equal rights for the LGBT community. The citation refers to evidence of discrimination in the workplace against LGBT people, and a congressional discussion on a bill to prohibit employment discrimination based on sexual orientation or gender identity. The author, a lawyer specializing in employment law, represents management in legal proceedings. The column is submitted on behalf of a section of the Florida Bar focused on labor and employment law. The section aims to promote principles of duty and service to the public, improve justice administration, and advance the study of law.
Source: https://www.floridabar.org/the-florida-bar-journal/lgbt-discrimination-in-the-workplace-what-will-the-future-hold/
Leave a Reply