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How employment law applies to homosexuals

On Behalf of | Feb 9, 2019 | LGBTQ Workplace Discrimination

Whether a member of the LGBTQ community can be discriminated against or not depends largely on where that person lives. There is no federal law to protect those in Florida against discrimination based on sexual preference. However, it may be possible to use Title VII of the Civil Rights Act of 1964 as a legal basis to pursue a discrimination lawsuit. Title VII prohibits workers from being discriminated against on the basis of sex.

Not all courts view sex to mean sexual orientation or gender. In previous cases, the 2nd and 7th Circuit courts ruled in favor of an employee pursuing a case based on Title VII while the 11th Circuit declined to hear a similar case. Therefore, those who live outside of states covered by circuits that have confirmed sex to mean sexual orientation might not be protected. Individuals who work for companies with fewer than 15 employees are also not protected by Title VII.

This would be true even if the Supreme Court found that sex means sexual orientation under that part of the law. Furthermore, an exception could be made for religious institutions or those that carry out important functions within a religious organization. This could mean that schools could likely choose to discriminate against students or employees based on their sexual orientation.

Workers in Boca Raton, Florida who believe that they have been discriminated against by their employers may wish to seek Boca Raton, Florida, LGBT workplace discrimination assistance from an attorney. This may allow them to obtain compensation or other relief under the law. Compensation may help to obtain lost wages or the value of benefits lost because of improper termination. In lieu of a lawsuit, an employee may decide to go to mediation in an effort to resolve a workplace discrimination issue. Arbitration might also be a possibility.