For too long, members of the LGBT community have had to live in fear of losing employment if aspects of their private life became public knowledge. However, with the recent decision by the U.S. Supreme Court in Bostock v. Clayton County, GA, LGBT workers are now protected from adverse employment actions based solely on their sexual orientation or gender identity. If you identify as LGBT and have suffered a discriminatory firing, The Reddy Law Firm, P.C. can assist you in filing a wrongful termination lawsuit. If, on the other hand, you run a business, K.P. Reddy can provide guidance on how to comply with the Bostock ruling in your workplace.
Most employment is at will, which means that the employer can let an employee go for virtually any reason, or for no reason at all. If an employee has an employment contract, the employer is obligated to adhere to its terms and can terminate an employee only for cause or through a negotiated severance. But whether employment is at will or contractual, a company cannot fire a worker in violation of federal law. This means a termination cannot be:
A worker who has suffered wrongful termination may be eligible for reinstatement with back pay as well as compensation for pain and suffering.
An LGBT worker may be terminated only based on objective standards of job performance or rationales. The burden is on the worker to prove by a preponderance of the evidence that the firing was unlawful.
Employers who fear litigation if they come right out and fire a protected worker may launch a campaign of harassment to get the worker to quit. This is known as constructive termination, because the intent to terminate is implied by the employer’s conduct. If the motive for getting the worker to quit was LGBT discrimination, a court may treat constructive termination as wrongful.
Not every business or every employee is covered by Title VII. A company must have at least 15 full time employees for at least 20 weeks of the year to qualify. There is also a ministerial exception for religious organizations. For example, a teacher at a Christian school may be terminated for personal behavior that does not conform to the school’s religious principles. Attorney Reddy provides advice to employers and employees about Title VII’s applicability to their particular circumstances.
The Reddy Law Firm, P.C. provides advice and representation on matters related to wrongful termination of LGBT employees. If you need experienced legal representation for yourself or your business, call today at 678-629-3246 or contact the firm online. Attorney K.P. Reddy represents clients across Georgia.