What states can fire you for being gay

For an optimal experience visit our site on another browser. Millions of LGBTQ Americans can be fired — legally — due to their sexual orientation or gender identity. On August 23rd, 15 states filed a brief with the U.S. Supreme Court asking them to rule against three individuals who were fired for being LGBTQ.

Officials in Texas, Nebraska, and Tennessee led the pro-discrimination effort. The Equal Employment Opportunity Commission, an independent federal agency tasked with enforcing federal anti-discrimination law, has interpreted sex discrimination to include discrimination on the basis of sexual orientation and gender identity.

Kreis noted that if a religious entity receives some form of government funding, it often must abide by certain nondiscrimination statutes. Altitude Express by ruling that Donald Zarda, a skydiving instructor, had been unlawfully fired for being gay. And while some states and cities have passed their own protections, there are still 29 states where you can actually be fired for being gay, leaving more than half of all total workers vulnerable to employment discrimination.

In the past three weeks alone, four governors have signed measures protecting LGBTQ workers from employment discrimination. The case is back in court next month. These states are: Alabama. This week, the U.S. Supreme Court agreed to consider three cases that hinge on this issue of workplace protections for LGBTQ workers.

For one thing, they are easily overturned, as then-Gov. More shocking, there are still 29 states where LGBT Americans can be legally fired from their jobs based solely on their sexual orientation. If the high court takes up the issue, its decision on the matter will apply across the U.

Until then, however, the issue continues to play out in lower courts. Alaska. In April , the 7th Circuit Court of Appeals ruled in favor of educator Kimberly Hively , arguing that her employment termination due to her sexual orientation is in fact covered by Title VII protections.

While these executive orders do provide recourse to LGBTQ workers in states without nondiscrimination laws, they are not as legally robust as state laws. In , for example, the commission found in favor of veteran Mia Macy, holding for the first time that discrimination against transgender employees is covered by the federal sex discrimination law.

Alexandria, a Virginia city just 20 minutes east of Springfield, where Immanuel Christian School is, is one of those cities. The 11th Circuit, by contrast, declined in December to reconsider the case of another woman, Jameka Evans, who also alleged employment discrimination on the basis of her sexual orientation and gender-nonconformity.

Billard says he was fired as a substitute teacher after posting on social media about his plans to marry his male partner. Virginia, where the Immanuel Christian School is, is among the 26 states that do not expressly protect against discrimination based on sexual orientation and gender identity.

The issue has so far been before several federal appeals courts one level below the Supreme Court with a mix of results. An LGBTQ person denied a job at this school or any other Virginia workplace based on her sexual orientation or gender identity would have a harder time succeeding in the courtroom than if she were in a state covered by the 2nd or 6th Circuit courts, for example.

It is important to note, however, that Title VII does not cover all establishments. However, the organization notes that many cities and counties have passed local ordinances that prohibit this form of workplace discrimination. The three cases include the first transgender civil rights case to be heard by the high court on October 8th.

This interpretation dates to the Obama administration. But this harsh reality will soon be put to its biggest test. In this election cycle, House Democratic leadership renewed a promise to pass the Equality Act , which would explicitly add sexual orientation and gender identity to the Civil Rights Act of IE 11 is not supported.

Executive orders issued by governors are another potential source of employment protection. Zarda died in This court has not ruled on the issue. In the absence of federal legislation, 21 states and the District of Columbia have passed laws explicitly prohibiting discrimination based on sexual orientation and gender identity, according to Movement Advancement Project.

The DOJ sided not with its fellow federal agency but with the funeral home that terminated Stephens after finding out she is transgender. The Stephens case is among the three cases the Supreme Court is considering whether to review. For starters, there is no federal law that expressly prohibits employment discrimination on the basis of sexual orientation and gender identity.

Arizona. He claims defendants discriminated against him because of his sex in violation of Title VII. The Diocese, however, contends it had a right to fire Billard, making the case that RFRA ensures its religious freedom in the matter. While two pieces of nondiscrimination legislation have received support for several years in the Virginia Senate, they have yet to receive a vote in the House of Delegates.