Sexual Orientation Discrimination in Texas: Workplace Protections and Rights

Sexual orientation discrimination in texas has become an important topic in employment law, particularly following significant legal advancements in LGBTQ+ rights. Employees in Texas are protected against workplace discrimination based on sexual orientation and gender identity under federal law.

Despite these protections, LGBTQ+ individuals may still face harassment, retaliation, and wrongful termination. Understanding your rights and recognizing discrimination can help ensure a fair and respectful workplace for everyone.

sexual orientation discrimination in texas

As a member of the LGBTQ+ community, Mr. Lange understands the important role that protections for gay, lesbian, bisexual, transgender, and queer workers play. Only recently advances in queer rights have brought LGBTQ+ issues to the forefront of society. And of course, the fight for equality in the workplace, and outside the workplace, continues. Mr. Lange and his Firm are proud to serve on the side of defending these rights.

  1. Title VII of the Civil Rights Act of 1964

In 2020, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, ruling that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. The Court stated that discrimination “because of sex” inherently includes sexual orientation and gender identity.

This decision established that firing, failing to hire, or treating employees unfairly due to their sexual orientation or gender identity is unlawful. The ruling extends protections to gay, lesbian, bisexual, transgender, and nonbinary individuals across Texas. Therefore, it is illegal to fire someone because they are gay and it is illegal to fire someone because they are transgender.

  1. State and Federal Deadlines for Claims

Employees who experience sexual orientation discrimination in Texas must act promptly to preserve their claims. Deadlines include:

  • 180 days to file a claim under the Texas Labor Code.
  • 300 days to file a claim under Title VII with the Equal Employment Opportunity Commission (EEOC).

However, it is important to consult with a sexual orientation discrimination lawyer to determine these deadlines. Deadlines are never clear cut, and seeking legal advice to calculate them is of utmost importance.

EEOC’s Role in Addressing Sexual Orientation Discrimination

The EEOC investigates claims of sexual orientation and gender identity discrimination. Since implementing its Strategic Enforcement Plan (SEP) in 2012, the EEOC has prioritized LGBTQ+ rights in the workplace. This includes pursuing litigation, filing briefs, and resolving cases involving discrimination.

Employees can file complaints with the EEOC if they believe their employer has violated their rights under Title VII.

Examples of Sexual Orientation Discrimination in Texas

Sexual orientation discrimination in texas can take many forms. Common examples include:

  • Homophobic or transphobic slurs used by coworkers or supervisors.
  • Gender stereotyping, such as criticizing someone for being “too effeminate,” “butch,” “a queen,” or “too masculine.”
  • Misgendering transgender employees or refusing to acknowledge their gender identity.
  • Restricting restroom access based on gender identity.

Retaliation against employees who report discriminatory behavior.

Federal and Local Protections in Texas

  1. Federal Protections Under Title VII

Federal law protects employees across Texas from sexual orientation and gender identity discrimination in the workplace. These protections extend to hiring, promotions, termination, and other employment decisions.

  1. Local Ordinances and Challenges

Some cities in Texas, such as Austin and Dallas, have passed local non-discrimination ordinances that further protect LGBTQ+ individuals. However, other cities, including Houston, have faced setbacks in implementing similar protections.

For example, the Houston Equal Rights Ordinance (HERO), which sought to protect LGBTQ+ individuals, was overturned by popular vote in 2015. Despite this, federal protections remain in place to safeguard LGBTQ+ rights statewide.

Gender Stereotyping Discrimination

The 5th Circuit Court of Appeals, the federal court of appeals over Texas, Louisiana, and Mississippi, has addressed gender stereotyping discrimination, which often overlaps with sexual orientation and gender identity cases. In EEOC v. Boh Brothers Construction, L.L.C., the court ruled that harassment based on gender stereotypes, such as expectations about how someone “should” act with regard to gender norms, is a violation of Title VII.

This decision emphasizes that discrimination rooted in stereotypes about masculinity, femininity, or gender expression is unlawful.

Recognizing Sexual Orientation Discrimination

Discrimination against LGBTQ+ employees can manifest in subtle and overt ways. Common indicators include:

  • Denying promotions or job opportunities to LGBTQ+ individuals.
  • Enforcing unequal workplace policies based on sexual orientation or gender identity.
  • Creating a hostile work environment through harassment or exclusion.
  • Failing to address complaints of discrimination or harassment.

If employees experience any of these behaviors, they may have grounds to file a complaint or seek legal recourse. And if so, it is important to contact a Texas sexual orientation employment discrimination lawyer like Mr. Lange.

FAQs About Sexual orientation discrimination in texas

What does sexual orientation discrimination mean?
It refers to treating individuals unfairly based on their sexual orientation, such as being gay, lesbian, or bisexual. This includes decisions related to hiring, firing, promotions, and workplace treatment.

Are LGBTQ+ employees protected under Texas law?
Yes. Federal law, specifically Title VII of the Civil Rights Act of 1964, protects LGBTQ+ employees across Texas from workplace discrimination.

Can cities in Texas implement additional protections?
Yes. Cities like Austin and Dallas have implemented local ordinances to provide further protections against sexual orientation and gender identity discrimination.

What are examples of workplace discrimination?
Examples include homophobic slurs, gender stereotyping, misgendering, restricting restroom access, and retaliation against employees who report discrimination.

What should I do if I experience discrimination?
Employees can file a complaint with the EEOC or seek assistance from an attorney familiar with employment law and LGBTQ+ rights.

Conclusion

The fight against sexual orientation discrimination in texas has gained significant momentum through landmark rulings and increased awareness of LGBTQ+ workplace rights. While federal protections under Title VII ensure basic safeguards, recognizing discrimination and taking timely action is crucial.

LGBTQ+ employees in Texas deserve a fair and respectful workplace free from harassment, retaliation, or wrongful termination. By understanding their rights and available resources, employees can address discriminatory practices and promote equality in their workplace.

For additional discrimination in the workplace information visit the employment home page.

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