{"id":355643,"date":"2016-04-04T10:41:57","date_gmt":"2016-04-04T15:41:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/discrimination\/gay-and-lesbian-rights-sexual-orientation-discrimination.html"},"modified":"2025-01-22T13:31:00","modified_gmt":"2025-01-22T18:31:00","slug":"gay-and-lesbian-rights-sexual-orientation-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/discrimination\/gay-and-lesbian-rights-sexual-orientation-discrimination.html","title":{"rendered":"Sexual Orientation and Gender Identity Discrimination"},"content":{"rendered":"\n
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Sexual Orientation and Gender Identity Discrimination<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Americans have rights against sex-based discrimination. These legal protections extend to those who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ+). Laws and court rulings support that discriminating against LGBTQ+ people is illegal in many contexts. <\/p>\n\n <\/div>\n\n

Millions of lesbian, gay, bisexual, transgender, and queer Americans now have greater protections against discriminatory treatment. Modern laws help ensure LGBTQ+ people have equal access to housing, work opportunities, and more.<\/p>\n

The federal government protects people against sex discrimination<\/a>, among other things. The same is true for many states. A U.S. Supreme Court decision has clarified that "sex" in this context includes sexual orientation and gender identity.<\/p>\n

Federal, state, and corporate rules about LGBTQ+ rights constantly evolve. Be sure to check back here for updates or contact a local attorney<\/a> to get the most up-to-date information.<\/p>\n

Do Sex Discrimination Laws Include Gender and Sexuality?<\/h2>\n

Yes, sex discrimination can include discrimination based on gender identity and sexual orientation. Federal court rulings set this precedent, which may shape future discrimination laws and cases.<\/p>\n

An example of sexual orientation is being gay. In contrast, an example of gender identity is being transgender or not conforming to the "gender binary." Gender expression can include how a person behaves, speaks, or appears in a manner usually associated with a person\u2019s gender identity.<\/p>\n

In 2020, the Supreme Court decided a case called Bostock v. Clayton County<\/i><\/a>. The decision related to three incidents. The first involved a Georgia man, Gerald Bostock, who was fired for being gay. The second involved a New York man, Donald Zarda, who was also fired for being gay. The third involved a transgender woman fired by a Michigan funeral home.<\/p>\n

The court ruled that discrimination on the basis of sex includes discrimination based on gender identity and sexual orientation. This means employers can’t base employment decisions like hiring or firing on sexual orientation or gender identity.<\/p>\n

Gender and Sexuality Employment Discrimination<\/h2>\n

Americans enjoy federal protection against employment discrimination<\/a> based on sexual orientation and gender identity. These laws encourage a safe and fair work environment.<\/p>\n

Title VII of the Civil Rights Act of 1964<\/a> prohibits workplace discrimination on the basis of:<\/p>\n