Individuals who identify as lesbian, gay, bisexual or transgender have long been denied the legal protection against discrimination afforded by Title VII of the federal Civil Rights Act. But with its recent decision in Bostock v. Clayton County, GA, the U.S. Supreme Court has ruled that Title VII protections must extend to LGBT workers. If you run a business and you want to know how this ruling affects it, or if you are an LGBT worker who has faced discrimination, The Reddy Law Firm, P.C. is prepared to help. Attorney K.P. Reddy draws on more than 30 years of experience to offer reliable counsel and determined representation in employment law matters.
Title VII prohibits discrimination in employment, including decisions on hiring, promotions, discipline and termination, based on race, color, religion, sex or national origin. The Bostock decision states that the word “sex” in the original law must be interpreted to include sexual orientation and gender identity, thereby extending Title VII protections to LGBT workers.
If you are an employer, you first need to know if your company falls under the purview of Title VII. The law covers any business that “has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.” Therefore, small businesses may be exempt.
Companies covered by Title VII are prohibited from:
Hostile work environment is a form of sexual harassment, in which sexually charged language and conduct makes it impossible for a worker to do his or her job. LGBT workers may be targeted for ridicule and other cruel behavior.
Workers who suffer this type of discrimination, including LGBT wrongful termination, are entitled to file a claim with the Equal Employment Opportunity Commission. If a company is shown to have violated Title VII, the worker can be entitled to such remedies as reinstatement, promotion with back pay and financial compensation for pain and suffering. In some cases, a civil lawsuit may be necessary to fully vindicate an employee’s rights.
Employers must take measures to prevent and eliminate unlawful discrimination and must provide reporting mechanisms for employees who feel they have been wronged. Having strong HR protocols in place can facilitate resolutions, avoid litigation and help shield the company from liability.
No matter which side of an LGBT discrimination issue you’re on, K.P. Reddy can provide the guidance and representation you need to seek a favorable resolution.
The Reddy Law Firm, P.C. provides advice and representation in disputes over LGBT employment discrimination for employers and employees across Georgia. If you need experienced legal representation for yourself or your business, call today at 678-629-3246 or contact the firm online.