Losing a job can be stressful, especially when an employee believes their sexual orientation or gender identity may have played a role in the decision. Workplace protections are intended to ensure that employment decisions are based on legitimate factors rather than a person’s identity.
Federal law provides important protections for LGBTQ+ employees, but determining whether a termination was discriminatory often depends on the facts surrounding the decision. The timing, treatment of other employees and reasons given by the employer may all add up to the final verdict.
Understanding LGBTQ+ workplace protections
Title VII of the Civil Rights Act of 1964 prohibits discrimination because of sex. In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that this protection includes discrimination based on sexual orientation and transgender status. As a result, a covered employer generally cannot fire an employee because the employee is LGBTQ+.
However, federal law does not prevent employers from terminating LGBTQ+ employees for legitimate, nondiscriminatory reasons. For example, an employer may discipline or fire an employee for poor performance or violating workplace rules, as long as the decision is not based on a protected characteristic. The circumstances surrounding the termination can therefore be important when determining whether discrimination may have occurred.
Evidence can help show whether LGBTQ+ status influenced an employment decision. Comments about an employee’s sexual orientation or gender identity, a sudden change in treatment after coming out or different treatment compared with straight employees may raise questions about the employer’s actual reason for the termination. An employee who reports discrimination has protection from retaliation under federal law.
If you believe your employment was affected by discrimination, it can be helpful to discuss the circumstances with an experienced legal professional. Reviewing the termination, workplace communication and other relevant evidence can help determine what options may be available.
