Nationwide Law Firm Faruqi & Faruqi, LLP Looks at How the Law Protects LGBTQ Workers
In a landmark 6–3 decision on June 15, 2020, the U.S. Supreme Court confirmed that the language of the Civil Rights Act of 1964 that prohibits sex discrimination also applies to sexual orientation and gender identity. The landmark ruling is hailed as a massive — and unexpected, given the court’s conservative majority — win in the decades-long movement for LGBTQ equality.
“Prior to this momentous ruling, it was still legal in most of the country to terminate an employee or otherwise discriminate against an employee because he or she is gay, bisexual or transgender,” commented a spokesperson from Faruqi & Faruqi, LLP’s Employment Litigation Group. The firm focuses on complex civil litigation including securities, antitrust, wage and hour, personal injury and consumer class actions, as well as shareholder derivative and merger and transactional litigation. “To say that this ruling is long overdue is a gross understatement. And while there are still areas that need to be addressed as part of ensuring equality in the workplace — for example, dress codes, bathroom access, and locker room access — it is definitely a significant step forward.”
In light of the ruling, workers in organizations with 15 or more employees who are gay, bisexual or transgender cannot be discriminated against in any way due to their sexual orientation or gender identity. This includes, but is not limited to, actions and decisions related to recruitment, termination, compensation and benefits, job assignments and reassignments, promotions, and training.
Sexual Orientation Non-Discrimination Act
“It is estimated that about one out of every six employees in the U.S. works at a small business that has 15 or fewer staff, which means that the Supreme Court’s ruling does not apply in those firms,” commented a spokesperson from Faruqi & Faruqi, LLP’s Employment Litigation Group. Faruqi & Faruqi, LLP is headquartered in New York, and maintains offices in California, Delaware, Georgia, and Pennsylvania. “However, some states have legislation on the books to address this. For example, in New York the Sexual Orientation Non-Discrimination Act, or SONDA, establishes that it is against the law for anyone in the state to discriminated against an individual or group in employment, housing, credit, education and public accommodations due to their actual or perceived sexual orientation.”
In addition to employment and compensation-related protections, the Supreme Court’s ruling also makes it illegal (again, for employers with more than 15 staff members) to engage, enable, or allow any form of harassment based on an individual’s sexual orientation or gender identity.
“Sexual harassment takes on many forms, from inappropriate remarks and unsuitable jokes, to unwanted advances and physical touching,” commented a spokesperson from Faruqi & Faruqi, LLP’s Employment Litigation Group. “Individuals who identify as gay, bisexual or transgender, and who feel that they are being harassed by any colleague — regardless of whether that colleague is their supervisor, manager, or works in the same location — is urged to follow the procedure as established by their company. If there are questions about whether the procedure is compliant with all prevailing laws, or if there is concern whether the company is following the procedures appropriately, then that individual should seek legal advice on the appropriate way to move forward with their complaint.”
