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LGBT Wrongful Termination

Knowledgeable Alpharetta Employment Lawyer Manages LGBT Wrongful Termination Cases

Trustworthy advice and staunch representation for employers and employees

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.

What does wrongful termination mean?

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:

  • Discriminatory — Now that Title VII protections have been extended to LGBT workers, an employer covered by the law cannot fire an LGBT worker on the basis of their sexual orientation or gender identity.
  • Retaliatory — A company cannot fire a worker simply because the worker exercised a protected right. If an LGBT worker filed a complaint with the Equal Employment Opportunity Commission citing discrimination in promotions or a hostile work environment, that worker is protected from retaliatory action, including termination.

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.

Constructive termination may create employer liability

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.

Exceptions to Title VII protection

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.

Contact an experienced Georgia employment law firm to schedule consultation on wrongful termination

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.

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  • Alpharetta Office
    11175 Cicero Drive
    Suite 100
    Alpharetta, Georgia 30022
    Phone: 678-629-3246
    Fax: 678-629-3247