More than one million work discrimination cases have been filed since 2010, according to a report published by the Bureau of Labor Statistics and Equal Employment Opportunity Commission. LGBT community waits for the supreme court’s decision.
In most cases, the first recourse a worker has is to file a complaint with a local and state partner agency or Equal Employment Opportunity Commission. However, sadly, not everyone may get their right since most states lack laws to protect LGBT workers, who are often a victim of workplace discrimination.
This is because it isn’t fully illegal to fire someone for being transgender or gay in 28 states including South Carolina. These states are yet to introduce laws that prevent workplace discrimination against LGBT employees.
LGBT Community Awaits Ruling
In some cases, counties and cities offer local protection but that may not be enough. However, there’s a relief since The Equal Employment Opportunity Commission now treats LGBT-based discrimination cases as sex discrimination. However, that may soon change depending on how the Supreme Court rules in cases involving gay men and transgender women in New York, Michigan, and Georgia.
Presently, only 21 US states have their own laws that prohibit workplace discrimination based on gender identity or sexual orientation. North Carolina a few years ago passed a law blocking local governments from creating their own ordinances governing discrimination cases involving LGBT workers.
The Supreme Court’s decision will have a huge impact on a number of cases, including Lonnie Billard’s lawsuit in North Carolina against the Roman Catholic Diocese of Charlotte. Billard was fired from his job in 2014 when he announced on social media his decision to marry his long-time boyfriend.
The case has been put on hold until the Supreme Court announces its verdict.
Such victims may face a difficult time if the Supreme Court announces federal law does not protect LGBT workers from workplace arassment for being in same-sex marriage.
For any legal help, contact our attorneys online today or call us at (704) 286-0947.
FAQs
Does North Carolina have laws that protect LGBT workers from workplace discrimination?
North Carolina does not have a statewide law that explicitly prohibits workplace discrimination based on sexual orientation or gender identity. Additionally, North Carolina passed a law blocking local governments from creating their own ordinances to protect LGBT workers, leaving many employees without adequate local protections.
Can I file a workplace discrimination complaint as an LGBT employee in North Carolina?
Yes, you may be able to file a complaint with the Equal Employment Opportunity Commission, which currently treats LGBT-based discrimination as a form of sex discrimination. However, the legal protections available to you could change depending on future Supreme Court rulings, so it is important to consult with an employment attorney as soon as possible.
Is it legal for my employer in North Carolina to fire me for being gay or transgender?
Under current federal EEOC guidelines, terminating an employee for being gay or transgender may be treated as sex discrimination, offering some degree of protection. However, North Carolina is among the 28 states that have not passed explicit state laws making such terminations illegal, which creates significant legal uncertainty for LGBT workers.
How could the Supreme Court’s ruling on LGBT workplace discrimination affect my case in North Carolina?
A Supreme Court ruling determining that federal law does not protect LGBT workers could significantly weaken your ability to bring a discrimination claim at the federal level. This would be particularly impactful in North Carolina, where state and local protections for LGBT employees are already limited.
What should I do if I believe I was fired or discriminated against at work because of my sexual orientation or gender identity in North Carolina?
You should consult with an employment discrimination attorney as soon as possible, since there are strict deadlines for filing workplace discrimination claims. An attorney can evaluate your situation, help you understand your available legal options under current federal and state law, and guide you through the complaint process.
