Louisville Employment Law Blog

In Kentucky, there has often been concern about how LGBTQ people are treated in a variety of situations, including when they are seeking employment or are dealing with violations of the sexual orientation/transgender rights when they already have a job.

While there are certain laws that are designed to protect these individuals, there have been worries that employers can use various loopholes to commit employment discrimination or flout the law entirely. Now, an increasing number of cities are passing the "fairness ordinance" to provide protection to LGBTQ people.

Kentucky workers have the right to be treated respectfully and within the confines of the law when at work. Unfortunately, there are employers, supervisors and coworkers who fail to adhere to the law. Often, a person doesn't realize that he or she is a victim of sexual harassment, workplace discrimination, or wrongful termination until they become aware of how the law protects them. When workplace violations have occurred, it can help to discuss the matter with an experienced employment law attorney, which may be the case for several employees at one jail.

There, a local jailer is accused of making derogatory comments about female workers and crafting an unprofessional and hostile work environment. This behavior was apparently caught on surveillance video. One female former worker stated that these types of incidents were common at that workplace. The jailer demeans female employees and behaves in a chauvinistic way toward them. She said that as many as 35 female workers have departed the workplace due to his treatment.

Kentucky residents who are part of the LGBTQ community have natural concerns that their personal lives can negatively impact their employment. While their rights are supposed to be protected under the law, it is unfortunately common for there to be attempts by those who discriminate against LGBTQ people to find ways to infringe on those rights. Recently, there are concerns regarding a new proposal that might implicitly allow employers to discriminate against those in the LGBTQ community. Although the new proposal is not yet the law, it is important for those who believe their sexual orientation/transgender rights are in jeopardy or have already been violated to understand what steps they can take next.

A Labor Department proposal by the Trump administration has sparked concern that LGBTQ people could be targeted by employers. It would allow religious organizations that contract with the federal government to consider religious tenets when making determinations on whom to hire and retain. Under this plan, a group or company that has a "religious purpose" and gets a federal contract could use this law. They will not be allowed to take part in discriminatory behaviors, but critics believe the law would leave significant room for them to do so.

In the past, workers in Kentucky and across the nation who were confronted with sexual harassment of any kind in the workplace were frequently reluctant to speak up for fear of not being believed or experiencing a negative impact at work. With the rise of complaints and the #MeToo movement on social media sparking greater attention to the problem, more women are deciding they will speak out when they are mistreated in this way. Simultaneously, this is creating a more welcoming environment to lawsuits for compensation. People who are sexually harassed should be aware of the improvement and how legal filings can be effective.

A recent study is showing that the #MeToo movement is helping women to fight back when they are sexually harassed and has lowered the amount of harassment from 2016 to 2018. Women have stated they are experiencing greater amounts of support and are encouraged to complain when harassed. That includes speaking directly to the alleged harassers. The study looked at surveys prior to the #MeToo movement and after it from when it started toward the end of 2017. The movement is believed to have had a part in ensuring better conditions for workers.