At Long Last: Gay and Transgender (LGBTQ) Employment Protections Under Title VII
This week, in a milestone legal decision, the U.S. Supreme Court finally held that protections under Title VII of the Civil Rights Act of 1964 also apply to members of the LGBTQ community. In its clear and unambiguous ruling, the Court stated “An employer who fires an individual merely for being gay or transgender defies the law.”
What does this mean for LGBTQ employees?
This ruling opens the doors to the Equal Employment Opportunity Commission (EEOC) to members of the LGBTQ community (discussed in more detail here). LGBTQ individuals in North Carolina and across the country can now file a charge with the EEOC alleging that they experienced discrimination at work based on their sexual orientation or gender identity. This is not limited to termination of employment – it is any “adverse employment action” which is an employment decision that negatively impacts the employee, including demotion, denial of leave, or adverse pay decisions. It also applies to individuals who are subject to a “hostile work environment” because of their sexual orientation or gender identity.
This is great news but…
While it’s great news that America’s basic employment discrimination protections now cover LGBTQ individuals, the EEOC has proven to be a weak enforcement mechanism to either stop discrimination or hold discriminatory employers accountable. Employers have spent the nearly six decades since the Civil Rights Act was enacted working around the Act’s protections by arguing that adverse employment actions were taken for non-discriminatory reasons. It is important, then, for victims of discrimination to take all available steps to protect themselves so that they are able to effectively prosecute their claims. We encourage you to call us with any questions you may have so that you are in the strongest possible position to move forward and ultimately hold your employer liable for its discriminatory conduct.
Should I contact a discrimination attorney in Raleigh?
These new protections are subject to the same limitations as all other federal employment discrimination cases. Most importantly, Title VII is only applicable to employers with more than 15 employees and you must file a charge with the EEOC within 180 days of the discrimination.
Once you have filed your charge, the EEOC will alert your employer within the next 10 days that it is investigating your claim. Your employer then has a chance to submit a position statement in response to your claim. Following the EEOC’s receipt of your employer’s position statement, the investigator may choose to pursue additional steps, including an on-site visit or request witness interviews. On average, it takes the EEOC 10 months to complete its investigation.
Ultimately, the EEOC will make one of three determinations:
Dismissal and Notice of Rights – the EEOC was unable to conclude that there is reasonable cause to believe that discrimination occurred. The investigation will be dismissed and you will be given a Notice of a Right to Sue
Letter of Determination – the EEOC determined that there was reasonable cause to believe that discrimination occurred and is inviting the parties to resolve the dispute in an informal process called “conciliation.”
Notice of Right to Sue – if conciliation has failed and the EEOC has decided not to litigate, it will issue you a Notice of Right to Sue.
Once you have received your Notice of Right to Sue, you may file a lawsuit in federal court within 90 days of its issuance. You cannot file a lawsuit for a violation of Title VII without first filing with the EEOC and receiving your Notice of Right to Sue. This can be a complex, time-consuming, and time-sensitive legal process, and you should consider contacting an experienced discrimination attorney in Raleigh to make sure you are on the right track.
What if I work for a religious organization?
The Supreme Court’s ruling did not address whether there are any valid exemptions to the employers’ requirements based on an employer’s “religious liberty.” In fact, the Court said that “how these doctrines protecting religious liberty interact with Title VII are questions for future cases…” With that being said, there are already laws on the books that may exempt religious organizations from these rules. You should contact us if you have any questions as to whether your employer is subject to Title VII requirements.
How Can Our Raleigh Discrimination Lawyers Help?
The sad reality is even with this ruling, discrimination will likely still continue in Raleigh and elsewhere in North Carolina. Employers routinely engage in unlawful conduct, and it is up to good Raleigh discrimination attorneys and employment lawyers to hold them accountable. But you only have one chance to get it right and a limited amount of time bring a claim. Our team of employment lawyers and discrimination attorneys in Raleigh have more than 35 combined years of experience investigating and resolving employment issues and discrimination claims. Our consultations are free and confidential, so if you believe you’ve been the victim of discrimination or just have a question about your job or work situation, contact us.