Increasingly, Kentuckians and people across the United States are feeling free to be who they are and not live in fear that coming out with their sexual orientation or as a person seeking to be or is already transgender will cost them their job or an opportunity at a job. People who fall into the sexual orientation/transgender rights category should have the ability to achieve just as anyone else. While it is a best-case scenario that everyone is tolerant and understanding, that is not always the case.
Unfortunately, there are still factions in society who are uncomfortable or outright discriminatory when it comes to these situations. If there is a belief that a person’s sexual orientation or status as transgender is negatively impacting their job prospects, they have the right to seek compensation in a legal filing. According to the Equal Employment Opportunity Commission (EEOC), sexual orientation and transgender status are protected under the Civil Rights Act. Knowing when an employer’s actions have violated the law sufficiently to warrant a legal filing is key to a case.
People being hired or fired because they are transgender or are planning to transition from one gender to another is against the law. Employees are expected to be granted access to a common restroom facility that is in line with their gender identity. Employees cannot be subjected to harassment due to their gender transition. This includes not using the applicable gender pronoun based on the person’s preferences and it is done intentionally and on a persistent basis. Employees cannot be denied promotions based on their sexual preferences. Sexual orientation cannot be a basis for harassment with derogatory statements, sexual comments or negative remarks. Discrimination against employees because of any of these issues combined with another unlawful justification is a violation.
People who are of a different sexual orientation that what is perceived to be the norm, who are transgender or are in the process of a transition face enough challenges in their everyday lives that work and losing out on jobs because of it makes it worse. When this happens, those who are facing these issues must remember their sexual orientation/transgender rights by calling a law firm that specializes in employment law so they can file a case.