LGBTQIA Workers’ Rights Under Bostock

In recent years, guidance from the US Equal Employment Opportunity Commission (EEOC) was revised and released to clarify, among other employment discrimination issues, an employee’s rights under the US Supreme Court case Bostock v. Clayton County (2020). This was a landmark decision that clarified the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 included a prohibition against discrimination on the basis of sexual orientation or gender identity (i.e., transgender identity). We want to make sure employees and job applicants understand their rights, and their protections against discrimination, in the aftermath of the Bostock decision. And if you have any questions or want to find out about your eligibility for filing a discrimination claim, you should get in touch with one of the South Florida sex and gender employment discrimination attorneys at our firm who can help.

Title VII Protects Against Sexual Orientation and Gender Identity Discrimination 

The language of Title VII is that it prohibits sex discrimination, or discrimination on the basis of sex or because of sex, in employment contexts. Until Bostock, employers argued that Title VII did not include discrimination on the basis of a person’s sexual orientation or gender identity. The Court’s decision in Bostock clarified that sex discrimination under Title VII is broad — sex discrimination includes sexual orientation discrimination and gender identity discrimination.

Understanding Covered Employers Under Title VII and Bostock 

The Bostock decision was extremely important for making clear that job applicants and employees could not be discriminated against because they are queer, for example, or because they are transgender. However, in order for a job applicant or employee to have these protections, their employer must be covered under Title VII. For an employer to be covered, and for these protections to apply to their job applicants, employees, and former employees, the employer must have at least 15 total employees.

Employees Who Are Covered Under Title VII and Bostock

 If you work for a covered employer, you should assume that you have the protections of Title VII, including those clarified in Bostock. Indeed, as long as the employer is covered, a job applicant or employee (or former employee) has protections under Title VII regardless of the length of time they have worked for the employer, their job history, their citizenship, and even their immigration status.

Contact a Palm Beach Gardens Sex and Gender Discrimination Attorney 

If you have experienced discrimination on the basis of sex, gender, sexual orientation, or gender identity as a job applicant or employee, it is essential to seek legal help. Job applicants and employees in Florida should not have to face this kind of discrimination, and it may be possible to file a claim to seek a remedy while holding the employer accountable for harm. An experienced Palm Beach Gardens sex and gender discrimination lawyer at Sconzo Law Office can discuss the details of your case with you today, and we can assist you in filing a claim under the Florida Civil Rights Act or under Title VII of the Civil Rights Acts of 1964. Contact us today for more information.

Sources:

supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

eeoc.gov/laws/guidance/protections-against-employment-discrimination-based-sexual-orientation-or-gender