What the Supreme Court Ruling Means for Transgender Rights in the Workplace

Workers in the United States generally have two sets of laws that protect them from discrimination in the workplace - federal and state. Federal laws protect workers from various types of discrimination, but the laws in many states often extend more protection than federal law. For example, New York state law prohibits discrimination in the workplace based on a person's sexual orientation or gender identity, while federal law does not. Now, a recent Supreme Court ruling has changed federal protections for LGBTQ workers across the country.

What has this Supreme Court ruling changed?

The federal government, for various reasons, has never extended discrimination protections for employees who are members of the LGBTQ community. This has meant that employers have been free to fire a person simply based on their sexual orientation or transgender status. While this type of employment discrimination is illegal in many states, such as New York in California, you will not find protections in these situations anywhere on the website of the Equal Employment Opportunity Commission (EEOC).

However, a June 2020 ruling by the United States Supreme Court has said that the Civil Rights Act of 1964, which prohibits sex discrimination, also applies to discrimination based on gender identity and sexual orientation. In a huge victory for the LGBTQ community, the Supreme Court has fundamentally altered employment discrimination laws.

The Court’s 6-to-3 ruling came as a surprise to many people, particularly because two of the conservative-leaning justices voted with the majority on this case. Justice Neil Gorsuch wrote the majority opinion and said that “An employer who fires an individual merely for being gay or transgender defies the law.”

Until this decision, it was legal in more than half of the states in this country for employers to fire workers for being gay, bisexual, more transgender. This type of employment behavior has been allowed to occur despite a 2015 Supreme Court ruling that allowed same-sex couples to marry. In essence, in many places around the country, a gay couple could get married in the morning and then lose their jobs that afternoon because they exercised their legal right to get married.

New Yorkers may have had these protections in place already, but we celebrate this ruling because this confirms what our state’s lawmakers already knew - discrimination against somebody because of their sexual orientation or gender status is wrong, and it will not be accepted. Those who insist on discriminating against members of the LGBTQ community in the workplace will face repercussions in civil court.

Let Rachel Ambats help you with your discrimination case

If you or a loved one have experienced discrimination in the workplace anywhere In New York City, you need to speak to an attorney as soon as possible. At the Law Office of Rachel Ambats, PLLC, we pledge to investigate every aspect of your case because we believe in standing up for the rights of all workers. Our goal is to secure the compensation you deserve, which could include:

·        Recovery of any lost wages

·        Loss of future income

·        Reinstatement to your job (if applicable)

·        Promotions or raises if they were denied due to discrimination

·        Court costs and legal fees

·        Pain and suffering damages

·        Possible punitive damages against the employer

When you need a New York City employment discrimination attorney, you can contact us for a free consultation.