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LGBTQ+ Protections at Work

Since the Supreme Court's 2020 decision in Bostock v. Clayton County, firing someone for being gay or transgender is sex discrimination under federal law.

What Bostock established

In Bostock v. Clayton County (2020), the Supreme Court held that Title VII's prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity. The reasoning was straightforward: if an employer fires a man for being attracted to men but wouldn't fire a woman for the same reason, sex is the determining factor.

What's covered

The protections are broad. Employers cannot fire, demote, harass, or refuse to hire someone because they are gay, lesbian, bisexual, or transgender. This includes harassment, discriminatory policies (like dress codes enforced differently based on gender identity), and failure to use an employee's correct name or pronouns when part of a pattern of harassment.

State law may go further

Many states had LGBTQ+ workplace protections before Bostock. Some offer broader coverage, shorter filing deadlines, or remedies beyond what federal law provides. Whether your state law applies to your situation is worth checking.

Red flags to watch for

Fired or disciplined shortly after coming out or transitioning at work
Excluded from meetings, projects, or advancement opportunities after colleagues learned of your identity
Subjected to slurs, comments, or behavior tied to sexual orientation or gender identity
Dress code or appearance policies enforced differently for transgender employees
HR dismissed a complaint about LGBTQ+-related harassment as not "serious enough"

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