The Kentucky LGBTQ Community and Workplace Discrimination:
Has your gender identity threatened your employment?
Are you the victim of workplace harassment because of your sexual orientation?
Have you been unfairly terminated because of your sexual orientation or gender identity?
You have rights!
In 2015, the EEOC Expanded Workplace Discrimination Protections to Include Members of the LGBTQ Community
The Equal Employment Opportunity Commission (“EEOC”) is the entity responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. In 2015, the EEOC announced that it concluded that the Civil Rights Act of 1964, which already prohibits sex discrimination, would also cover protections for employees who don’t conform to traditional stereotypes about gender identity.
For now, the EEOC’s decision applies only to federal employees’ claims and Kentucky’s Civil Rights Act, which is enforced by the Kentucky Human Rights Commission, does not currently cover LGBTQ sex discrimination. But with the EEOC’s new ruling, claims regarding LGBTQ workplace discrimination have a stronger legal footing.
Under the new guidelines, all sexual orientation discrimination will be considered illegal, empowering gay private employees to lodge discrimination complaints. And until the Supreme Court weighs in, lower courts may choose to accept or reject the EEOC’s reading of Title VII.
The commission’s rulings are respected by the judiciary, and could tip more courts to rule that sexual orientation discrimination is already forbidden in the United States.
What does this mean to you?
If your employer has discriminated against you because of your sexual orientation or gender identity, the law is moving in your direction and you may have a valid claim for workplace discrimination.
If you have suffered illegal discrimination or retaliation under Title VII, you may be entitled to reinstatement in your job; back pay for lost wages; front pay for future lost wages; litigation costs and attorney fees; and other compensatory damages.
If you need help determining out whether you have a claim for workplace discrimination or navigating the process of going forward with a wrongful termination claim, do not hesitate to contact the legal professionals at Law Help Louisville by calling 502-771-0588 for more information.