Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment Nondiscrimination Act, which would amend Title VII to explicitly include these protected categories, has never passed. Therefore, it is still legal to fire, discipline, or even harass employees in the many states and local jurisdictions that lack these employment law protections.
But does that reasoning really hold true? The ever-evolving state of the law in this area shows this reasoning is weak and provides strong support for employers including protections in equal employment opportunity (EEO), anti-harassment, and anti-retaliation policies for all their LGBT employees. Continue reading this entry