Sexual Orientation Discrimination

Our Texas employment lawyer takes special offense to sexual orientation discrimination against employees in the workplace. Unfortunately, there is no law that directly prohibits employers in Texas from discriminating against employees because of their actual or perceived sexual orientation. Contact our Texas employment law firm today if you are a victim of sexual orientation discrimination in the workplace.

Recent Developments Against Sexual Orientation Discrimination in the Workplace

The EEOC and two circuit courts have recently concluded that discrimination based on sexual orientation is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964. Under Title VII, covered employers cannot discriminate against an employee based on the employee's sex. This protection includes protections against several types of discrimination. For example, if covered by Title VII:

  • An employer cannot treat male employees more favorably than female employees;
  • An employer cannot discriminate against a male for seeming too feminine;
  • An employer cannot sexually harass employees, regardless of the employee's gender; and
  • An employer cannot harass and/or terminate an employer for being transgender.
Recently, two circuit courts and the EEOC have extended Title VII's protections to prohibit sexual orientation discrimination against employees. The EEOC is the federal government agency tasked with investigating claims and interpreting federal employment laws. In 2013, the EEOC concluded, for the first time, that sexual orientation discrimination is prohibited by Title VII because it is a form of discrimination based on an employee's sex. The Seventh Circuit and the Second Circuit subsequently revered previous opinions and now agree with the EEOC that Title VII protects against sexual orientation discrimination. Although not every federal circuit has followed this move, there has been a large amount of progress regarding the rights of LGBT employees in the workplace.

Our employment discrimination lawyers work for fight against sexual orientation discrimination in the workplace. Contact Stacy Cole Law, P.C. today if you would like to schedule a consultation with a Texas employment lawyer.

Employment Discrimination Based on Gender Stereotypes

However, the law does prohibit employers from discriminating against employees based on traditional gender stereotypes. This can offer protections for LGBT employees. For example, an employee cannot fire, suspend, demote, terminate, or otherwise discriminate against a male employee because he is not masculine enough or against a female employee because the employer views her as overly masculine.

This area of the law is constantly evolving and can be complex, but the law does offer some protections against workplace discrimination and harassment. It is important that you are represented by a Texas employment lawyer with knowledge of this area of the law. Our Texas employment law firm understands sexual orientation discrimination claims and gender identity laws.

Contact our Texas employment law firm today if you have been discriminated against because of your sexual orientation or gender identity.

Public Employers Cannot Discriminate Against Employees Based on Sexual Orientation

Public employers cannot discriminate against employees based on sexual orientation or perceived sexual orientation. The U.S. Constitution provides for equal protection and due process. These provisions protect LGBT employees from being discriminated against because of sexual orientation. Additionally, public employees cannot be terminated, suspended, demoted, or otherwise adversely impacted for reasons that are arbitrary and capricious.

You should contact a Texas employment lawyer immediately if you have been discriminated against because of your sexual orientation. Contact our Texas employment law firm today if you have suffered sexual orientation discrimination in the workplace.

Gender Identity Discrimination in the Workplace

The law provides protections for transgendered employees in the workplace. Employers cannot discriminate against transgendered employees because they do not conform with traditional gender stereotypes. For example, a transgendered employee was terminated when she began transitioning from male to female. The employer fired the employee citing concerns over which bathroom the employee would use. The court held that this matches the definition of gender discrimination and is actionable under Title VII of the Civil Rights Act. These laws are complex, and it is important have a lawyer that understands Texas employment law.

Our Texas employment law firm has experience fighting for employee rights and passionately represents employees who are victims of gender identity discrimination in the workplace.

Deadlines for Bringing Employment Discrimination Claims

Employment laws often have short deadlines. It is important to act quickly if you are the victim of sexual orientation discrimination or gender identity discrimination. You may waive your rights if you do not raise your claim within the appropriate time period. Thus, it is important to contact a Texas employment lawyer if you are the victim of unlawful employment discrimination.

Contact our Texas employment law firm today if you are a victim of sexual orientation discrimination or gender discrimination.

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