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LGBT employees concerned about upcoming Supreme Court term

On Behalf of | Dec 13, 2018 | LGBTQ Workplace Discrimination

Many LGBT workers in Florida may be concerned about their protections on the job, as the upcoming year’s Supreme Court docket could include troubling cases. There are a number of petitions against protections for LGBT rights seeking a hearing before the court, although some experts note that the outcome is unlikely to be uniformly negative. Most of the cases seek some form of limitation on LGBT rights or reversal of a lower court opinion upholding LGBT rights. In most instances, the Supreme Court has not yet agreed to hear these issues.

A lawyer with the American Civil Liberties Union pointed out that if these cases are taken up by the court, the outcomes could be significant. However, the petitions generally signify that lower courts have been ruling in favor of LGBT people in many cases. One issue that may be addressed is President Trump’s ban on transgender people in the military, a matter about which the U.S. Justice Department is seeking fast-track action. So far, four courts have issued injunctions blocking the ban from being enforced.

In another case, a transgender employee was fired by her employer, a funeral home, after indicating that she planned to transition on the job. After the funeral home lost in a workplace discrimination complaint in a lower court, an anti-LGBT advocacy group brought the petition to the Supreme Court. The case addresses whether the 1964 Civil Rights Act’s Title VII, prohibiting sex discrimination, also provides protection for LGBT workers on the job.

LGBT workers may also find important protections under state or local laws, and several cities and counties in Florida provide explicit protections. Employees who have been affected by might opt to seek Boca Raton, Florida, LGBT workplace discrimination assistance. An attorney may review the specifics of the case and potentially take action to move forward.