Although the world is progressing, changing, and becoming more tolerant of various sexual orientations and gender identities, discrimination against people within these groups still exists. Sometimes, in response to this progression, others become more resolute and planted in their outdated mindsets. This means that to protect yourself from this kind of harassment, you must understand what rights protect you from sexual orientation discrimination.
Title VII of the Civil Rights Act of 1964 was formed to protect people from being discriminated against by their employers on the basis of race, color, ethnicity, religion, and sex. On June 15, 2020, the Supreme Court made a decision in the Bostock v. Clayton County case. In summary, this decision held that discrimination against someone based on their sexual orientation or gender identity is prohibited under Title VII. This means that LGBTQIA+ workers are protected against employment discrimination and can take legal action against their employer if discrimination occurs.
The Affordable Care Act (ACA) was enacted in 2010 and is designed to increase health insurance coverage for uninsured people. Section 1557 was implemented in the ACA in order to prohibit discrimination against individuals based on race, color, ethnicity, religion, and sex, specifically in health programs. However, in response to the Bostock v. Clayton County case, this section was updated to further prevent discrimination on the basis of sexual orientation and gender identity.
Unfortunately, there are very few sexual orientation discrimination rights to protect you in other aspects of society. The Fair Housing Act, The Equal Credit Opportunity Act, the Jury Selection and Service Act, and Title VI of the Civil Rights Act all do not explicitly prohibit sexual orientation or gender identity discrimination. However, if the Equality Act were to pass in the United States Congress, it would undoubtedly impact all of these acts as well as Title II, III, VI, and IX, to explicitly prohibit this kind of discrimination.
In America, 18 states have no explicit prohibitions against sexual orientation and gender identity discrimination. These states and territories are:
There is still work to do.
Regardless of how much progress there is to be made, there are people dedicated to protecting LGBTQIA+ members in America. If you’ve been discriminated against based on your sexual orientation or gender identity where you work, remember that this is illegal. The Law Firm of Tamara N Holder can put you in contact with one of our dedicated sexual orientation discrimination lawyers to help you get the representation and compensation you deserve.
