Employment discrimination is unlawful and your rights as an individual are protected at your place of work. On Monday, the Supreme Court ruled that LGBTQ workers are protected from job discrimination. Here are the facts about the case and what you can do to protect yourself.
What is employment discrimination?
According to the U.S. Equal Employment Opportunity Commission (EEOC), discrimination means “to treat that person differently, or less favorably, for some reason.” The EEOC is responsible for protecting you from employment discrimination based on your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
Monday’s historic ruling in support of LGBTQ rights
In 2013, Gerald Bostock was fired from his job as a child advocate in Clayton County, Georgia, after he joined a gay softball league. He sued his former employer in 2016 and it took years for his case to reach the Supreme Court. On Monday, the Supreme Court rule in Bostock’s favor, finding that workplace discrimination, based on an individual’s sexual orientation or gender identity, is prohibited by Title VII of the Civil Rights Act of 1964.
According to NPR, “the ruling was 6-3, with Justice Neil Gorsuch writing the majority opinion. The opinion was joined by Chief Justice John Roberts and the court’s four liberal justices.”
Bostock was the only surviving plaintiff in the case, as Aimee Stephens died last month from kidney disease, and Donald Zarda died in 2014 in a BASE-jumping accident.
What can you do to protect yourself?
You have a right to work free of discrimination. Your employer cannot make job decisions regarding hiring, firing, a promotion, training, wages, or benefits, based on a discriminatory factor.
You have a right to complain about or report discriminatory actions by your employer, without the fear of retaliation. You have the right to file a formal complaint with EEOC if you feel that you are experiencing workplace harassment or discrimination.
Before you can file a job discrimination lawsuit against your employer, you are required to file a “Charge of Discrimination,” with the EEOC first. You have 180 (or sometimes 300) days to report discrimination to the EEOC, therefore it’s essential to be aware of timing.
The lawyers at Baldwin & Vernon can help you with filing the appropriate papers and will fight for your rights in a court of law. Call Baldwin & Vernon at (816) 842-1102 or email info@bvalaw.net to begin discussing your rights.
Here is more information about filing a complaint with the EEOC: https://www.eeoc.gov/youth/how-file-complaint
