{"id":4763,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/sexual-orientation-discrimination-in-employment.html"},"modified":"2024-06-06T05:31:23","modified_gmt":"2024-06-06T10:31:23","slug":"sexual-orientation-discrimination-in-employment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/sexual-orientation-discrimination-in-employment.html","title":{"rendered":"Sexual Orientation Discrimination in Employment"},"content":{"rendered":"\n
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Sexual Orientation Discrimination in Employment<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\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

Federal laws now prevent business owners from discriminating against lesbian, gay, bisexual, or transgender employees. But, there is only so much the law can do. Laws can demand equal pay, equal hours, and equal opportunity for promotion, but it’s up to employers to make sure it happens. LGBT workers have to depend on state and local laws to pick up the slack with employers.<\/p>\r\n

Legal action is the last step in a process that begins with a hostile work environment. What can employers do to stop this process before it starts and create a welcoming workplace for all their employees?<\/p>\r\n

A Brief History of Sexual Orientation Discrimination<\/h2>\r\n

Title VII of the Civil Rights Act of 1964<\/a> banned employment discrimination based on race, color, religion, sex, and national origin. The Civil Rights Act does not explicitly address discrimination on the basis of sexual orientation or gender identity. The EEOC’s official position is that Title VII does ban gender identity discrimination.<\/p>\r\n

In 2012, the EEOC issued a non-binding memorandum stating that Title VII protects sexual orientation. In 2014, then-Attorney General Eric Holder issued a memorandum affirming that the U.S. Department of Justice broadly agreed with the EEOC’s position. But, in 2017, then-Attorney General Jeff Sessions withdrew the Holder memo. Since the federal government was silent, things were in stasis until 2020.<\/p>\r\n

In June 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia<\/i><\/a>. Two employees lost their jobs in part because they were gay, and a third worker got fired when she transitioned from male to female. The Court held that Title VII’s prohibition on sex discrimination included gender discrimination and gender identity discrimination.<\/p>\r\n

What This Means for Employers<\/h2>\r\n

The Supreme Court decision in Bostock <\/i>means all private employers with more than 15 employees cannot discriminate against applicants or employees based on sexual orientation or gender identity. This prohibition applies to all employment decisions, including hiring, job assignments, pay, fringe benefits, training, reviews, promotions, demotions, transfers, layoffs, firing, or any other conditions of employment.<\/p>\r\n

Small business owners want employees who work well together. Angry or unhappy workers are not good for the business and won’t treat your customers well. Hostile work environments tend to become hostile for everyone, not just the targeted worker. EEOC investigations and lawsuits are embarrassing and expensive. If you take a proactive stance toward sexual orientation discrimination, you can have a happier and legally safe workplace.<\/p>\r\n

Steps To Protect Your Business<\/h2>\r\n

Some things are legally required, and some are common sense and basic decency. Preventing workplace discrimination requires both. Nondiscrimination laws are the first step to ensure a friendly workplace for all workers and customers.<\/p>\r\n

Educate Yourself<\/h3>\r\n

Media, websites, and other employers toss around terminology without always being accurate. Using the wrong phrase for an employee’s sexual orientation can be a form of discrimination.<\/p>\r\n