Since 2020, federal law has explicitly protected LGBTQ workers from job discrimination. Here is what the landmark Bostock decision established and how to act if you face discrimination at work.
In Bostock v. Clayton County (2020), the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 —which bans employment discrimination "because of sex"— protects employees from discrimination based on sexual orientation and gender identity. This is settled federal law and applies nationwide to employers covered by Title VII (generally those with 15 or more employees).
A covered employer cannot fire, refuse to hire, or otherwise discriminate against you for being gay, lesbian, bisexual, or transgender. This includes harassment that creates a hostile work environment.
The federal agency that enforces Title VII is the Equal Employment Opportunity Commission (EEOC). You generally must file a charge of discrimination with the EEOC (or a state equivalent) within a deadline —often 180 or 300 days— so act promptly. Many states and cities also have their own protections that may be broader.
Document what happened, keep records, and consider contacting the EEOC, your state civil-rights agency, or an LGBTQ legal organization such as Lambda Legal for guidance.
Yes. In Bostock v. Clayton County (2020), the Supreme Court held that Title VII's ban on sex discrimination protects employees based on sexual orientation and gender identity, nationwide.
Title VII generally covers employers with 15 or more employees. Many states and cities have additional protections that can be broader.
File a charge of discrimination with the EEOC (or your state agency). There is a deadline — often 180 or 300 days — so act promptly.
Yes. Harassment that creates a hostile work environment based on sexual orientation or gender identity is covered.
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