In Kentucky and across the nation, there is still a dispute as to how far anti-discrimination laws should go in protecting people based on sexual orientation/transgender rights. There are many laws shielding employees or prospective employees who are confronted with disability discrimination, sexual harassment, wrongful termination and more. But there is an ongoing debate regarding this issue as it is gaining greater attention. This will be a critical concern in the future and people should be aware of it to ensure their rights are protected.
Three cases involving sexual orientation/transgender rights will be heard later this year by the U.S. Supreme Court. Its decision will dictate if the federal civil rights laws also cover it and protect people in this category. The key is whether the law which protects people based on sex includes sexual orientation and how people identify based on gender. The cases are from New York, Georgia and Michigan.
The New York case involves a skydiving instructor who states he was dismissed from his job because he is homosexual. When the case was appealed to the Second Circuit, it agreed with his claims. The Georgia case involves a man who says he was dismissed from his job in child welfare services because he is homosexual. The Eleventh Circuit sided with the employer. The Michigan case involves a woman who was dismissed from her job at a funeral home because of her gender identity. The Sixth Circuit sided with her.
This case will be critical to the future of people who are concerned about their status as a transgender person or their sexual orientation and whether it can negatively impact their job. Because any kind of discriminatory practices can harm a person who can otherwise do a job, it is vital that they have the protection of a law firm that is experienced in helping people protect their rights. This also includes sexual orientation/transgender rights. When a person believes he or she was discriminated against, calling for legal advice is critical to take the necessary steps to file a lawsuit.