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Imagine trying to climb up your way in your career, but your employer fires you because they come to find out of your sexual orientation or gender identity. This is a thought LGBTQ people face when they live in a state that does not protect them for who they are, and their only safe option is to hide their identity during work. In 30 states, there are no fully protected laws that protect all people from discrimination based on sexual orientation or gender identity and Texas is one of them (Freedom for all Americans, 2018).
The Civil Rights Act of 1964, Title 7 is on the spotlight when it comes to this issue. This is because Title 7 only states that employers are prohibited to discriminate on “sex”, therefore it has allowed states to discriminate those of a different sexual orientation/gender which in this case would be those who consider themselves transgender. LGBTQ life 10-20 years ago has varied largely on the residing states and the decisions of the federal government. For example, Wisconsin was the first state to prohibit discrimination based on sexual orientation back in 1982 and the policy Don’t Ask, Don’t Tell in the U.S. military, which allowed those were LGBT to be discharged if they made statements that revealed they are homosexual or bisexual or that they took part in homosexual acts under the Clinton administration in 1994 until 2011 (Dishman, 2011).
This issue brings concern when it affects a person’s religious liberty. An example can be a religious employer deciding to fire an employee who is LGBTQ because the employer believes it is wrong to be homosexual. In a secular perspective where the employer isn’t religious, this can be because of the belief that homosexuals/transgender individuals would make the business lose customers because they are uncomfortable with it. However, changing or redefining Title 7 when it comes to “sex” would provide protections nationwide and it’s a good thing because this provides a greater social mobility for LGBTQ individuals and a growth of social inclusivity to not set these people apart from the rest.
The LGBTQ community itself receives a lot of backlash. A current example of workplace discrimination was a government teacher in Ohio who gave a lesson on LGBTQ discrimination and told the class she was gay herself in which in turn the school board would vote her out after being given an extended contract (Wong, 2019). LGBTQ people also report numerous experiences of institutional discrimination. At least one in five LGBTQ people report being personally discriminated against because of their sexuality or gender identity when applying for jobs (2017, November). Majority of conservative Republicans will say it’s the employer’s religious liberty to decide whether they can fire someone who is LGBTQ as opposed to Democrats who see it as a civil rights violation.
As of right now, all eyes are toward the Supreme Court to hear what the 3 cases of LGBTQ workplace discrimination have to say and whether it rules to add clarification of sexual orientation and gender than just “sex”. These cases are Altitude Express Inc. v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC and will be heard this month. R.G. & G.R. Harris Funeral Homes Inc. v. EEOC deals with Aimee Stephens who was fired from her job at a funeral home in Michigan after telling her boss she was in the process of transitioning into a woman; therefore, this case speaks to the future of transgender Americans. The remaining cases Altitude Express Inc. v. Zarda and Bostock v. Clayton County deal with two male employees who were fired of being gay (North, 2019). At the end, it is in the Supreme Court’s responsibility to rule what is best to help this struggling minority group across the nation.
A possible solution is to pressure state representatives/legislators to add or evoke these protections on the state level. This can be done by contacting them and address your concerns with many follow ups to see what progress is being done. The media as well plays a powerful role when it comes to pressuring those of high positions, so it’s important to shed the light on what is truly happening to capture and gain audience attention. If this doesn’t work or nothing is being done, then it’s up to the population to elect state officials that stand for LGBTQ rights and will work to fight for their protections.
The LGBT community has been and still continue to be challenged much throughout the history of this country from being comfortable to express who they are, marriage, adoption, to even use public restrooms, and currently vocalizing the issue of being protected to work. These are individuals who are just trying to do life like everyone else and what gives us the authority to limit them doing so? This nation is evolving but every person in this country has worth, dignity, and natural rights. It is time our country can come together instead of separating itself in their own groups because in unity that is where we see change. Currently, it’s only a matter of time to see what the Supreme Court Justices decide to rule on once they hear the three cases.
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