In anticipation of a Supreme Court victory on same-sex marriage, many gay
rights activists believe that the time is ripe for passing broad based
federal legislation against discrimination in the workplace. Currently,
some states have protections banning discrimination against gay and transgender
people, but no explicit bans exist in 28 states and at the federal level.
Some opponents argue against anti-discrimination laws claiming that these
laws may infringe on the religious liberties and free speech rights of
employers and others who oppose homosexuality or same-sex marriage on
However, advocates notes that establishing a national right to same sex
marriage could create a fundamental injustice – if a worker enters
into a same sex marriage, he or she may lose their job if no anti-gay
discrimination laws are in place.
As it stands, although no explicit federal laws exist banning discrimination
on the basis of sexual orientation or gender identity, increasingly dedicated
employment rights attorneys are using creative arguments based on sex
discrimination laws and others to protect workers.
Further, a 2012 ruling by the Equal Employment Opportunity Commission extended
the definition of sex discrimination to encompass discrimination on the
basis of gender identity.
However, it is important that a law specifically addressing these forms
of discrimination is passed.
For more information or if you or a loved one has suffered any form of
discrimination, please contact the dedicated
Atlanta employment discrimination lawyers at The Buckley Law Firm, LLP for an immediate consultation.