Reprinted with permission from Labor and Employment Law News, Summer 2018 (46:4) at 3, 11. ©2018 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
While many states and municipalities have created laws protecting LGBT+ employees from workplace discrimination, the federal protections offered to LGBT+ individuals in the workplace remain in a state of flux. Notably, there is no federal law which explicitly prohibits employment discrimination against individuals because they are LGBT+, as Title VII only expressly prohibits employment discrimination on the basis of race, color, religion, sex and national origin. There is, however, a growing trend among federal courts interpreting Title VII to include a prohibition against discrimination on the basis of sexual orientation or transgender status.