The legal landscape for LGBTQ people is constantly evolving. If you believe you have been discriminated against and would like our support, please visit our Report LGBTQ and HIV Discrimination page and we can help you find out if you are protected by federal or state law. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex by public schools, and the Supreme Court ruled in 2020 (Bostock v. Clayton County) that discrimination based on sexual orientation and gender identity constitutes discrimination on the basis of sex. For example, Title IX prohibits students from discriminating on the basis of sexual orientation or gender identity. Federal courts have ruled that Title IX requires public schools to respond to harassment based on appearance or behavior that does not conform to gender stereotypes: boys wearing makeup, girls wearing pants, or transgender or non-binary students. The right to freedom of expression may also apply to dress codes in schools, especially if there are different rules for boys and girls. Your constitutional right to privacy makes it illegal for your school to „reveal yourself” to anyone without your permission, even if you come out to others at school. The First Amendment protects your right to express yourself in public schools.
This includes taking a gay date to prom or school and talking about LGBTQ issues. Your right to be yourself in school includes the right to be transgender or non-binary and to change in school. As the law evolves in this area, a growing number of courts have found that Title IX and the Constitution protect the right of transgender students to access sex-segregated programs and facilities that reflect their gender identity. Some state and local laws also explicitly protect transgender students from discrimination in schools. „I was blown away because I didn`t really know how much LGBTQ+ pride there was for Zillow.” As a gay man who grew up and attended the University of Nebraska, which has no LGBTQ+ legal protection, Piccini says he wanted to pursue the project. We recommend that you contact your local ACLU affiliate or national ACLU LGBTQ & HIV project for assistance in evaluating your options. Currently, national laws on non-discrimination in housing and employment protect only certain categories such as sex, race, age, colour, religion and national origin. Explicit protection for people who identify as LGBT can vary widely depending on the city, county, and state jurisdiction. In the United States, an estimated 55.2% of all housing units are covered by local protections for sexual orientation and/or gender identity, and 22 states and Washington, D.C., offer comprehensive housing, employment and social housing protectionsii. To shed light on the disparate nature of LGBT anti-discrimination laws and help people better understand a neighborhood and community, Trulia`s Local Legal Protections feature provides details about existing protections, what they mean, and whether those protections are provided at the state, county, or city level. Title VII applies to private sector employers with 15 or more employees, state and local government employers with 15 or more employees, and the federal government as employer. Title VII also applies to trade unions and employment offices.
This fact sheet briefly explains what the Bostock decision means for LGBTQ+ workers (and all affected workers) and employers across the country. It also explains the Equal Employment Opportunity Commission`s (EEOC or Commission) legal positions adopted by the Commission on LGBTQ+ issues. Prior to Bostock, the Commission ruled on a number of issues concerning discrimination in the workplace on grounds of sexual orientation and gender identity. For example, under Title VII, the EEOC has the authority to adjudicate claims against workplace discrimination by federal employees and ruled in 2012 that discrimination against a federal job applicant on the basis of gender identity is discrimination based on sex. [2] In 2015, in a federal sector case involving the decision not to hire a person permanently, the Commission decided that discrimination on the basis of sexual orientation is a right to discrimination on the basis of sex under Title VII. [3] More recently, the Commission has also applied the Bostock decision to the federal sector. [4] For applicants and employees of private, state, and local employers, the person may contact the EEOC for assistance in deciding what to do next. If the individual decides to file a discrimination complaint with the EEOC, the Agency conducts an investigation to determine whether applicable equal opportunity laws have been violated. Since a person must file an EEOC lawsuit within 180 days of the alleged violation to file a lawsuit (or 300 days if the employer is also covered by a state or local discrimination law), it`s best to start the process early. Libert is pleased that the U.S.
Supreme Court ruled last year that the Civil Rights Act protects gay, lesbian and transgender workers from discrimination in the workplace. „It may not be tomorrow, but I think one day there will be equal protection for everyone,” he says. „And I hope those protections will be everywhere so you don`t have to go to a big city to get them.” There is no federal law prohibiting discrimination based on sexual orientation or gender identity in public places such as restaurants, theaters, and other businesses. However, the state and local laws of your place of residence may prohibit this type of discrimination. While the SCOTUS decision is an important step forward for equal treatment of the LGBTQ+ community in the workplace, there is no explicit housing protection and discrimination against LGBT people at the federal level. Zillow is a proud supporter of the Equality Act, which would add these important protections to federal law, but is still waiting to be considered by the Senate. Title VII contains a wide range of safeguard measures.