Is being gay a protected class
Our privacy statement is changing. Changes will be in effect July 31, If you think you have been discriminated against and would like our assistance, please visit our Report LGBTQ and HIV Discrimination Page and we can help you figure out whether you are protected under federal or state laws.
Some courts have ruled that Title VII also bans discrimination based on sexual orientation or gender identity. The Supreme Court recently announced it will take up this question in three cases. In addition, many states and cities have laws that ban this kind of discrimination.
If you think that you have experienced discrimination at work, you can file a complaint with the U. Try to document everything like emails or HR papers that might be relevant. Contact us by filling out an intake form. The federal Fair Housing Act prohibits sex discrimination by most landlords and, as the Supreme Court held in Bostock v.
Clayton Countydiscrimination on the basis of sexual orientation and gender identity is sex discrimination. Thus, The Fair Housing Act prohibits discrimination on the basis of sexual orientation or gender identity.
LGBTQ Rights
State and local laws where you live may also bar this discrimination. What you can do depends largely on where is being gay a protected class discrimination took place, whether any state or local laws there might apply to your situation, and where things stand under the current administration.
It helps immensely if you document every interaction and exchange that could show what happened. There is no federal law that bans discrimination based on sexual orientation or gender identity in public accommodations, like restaurants, theaters and other businesses.
However, state and local laws where you live may ban this kind of discrimination. Title IX of the Education Amendments of bans discrimination on the basis of sex by public schools, and the Supreme Court held in Bostock v. Clayton County that discrimination on the basis of sexual orientation and gender identity is sex discrimination.
Thus, Title IX prohibits students from discrimination on the basis of sexual orientation or gender identity. The First Amendment right to free expression can also apply to school dress codes, especially when there are different rules for boys than there are for girls. The First Amendment protects your right to express yourself in public schools.
Your right to be yourself in school includes the right to be transgender or non-binary, and to transition at school. Some state and local laws also explicitly protect transgender students from discrimination in schools. Document everything. Take notes and keep copies of any emails with school administrators, relevant school forms, etc.
Usually schools must be put on notice before they can be held legally responsible for protecting you. Contact us at our national office hereor you can find your local ACLU office here. Here are open letters on a variety of LGBTQ issues that you can use when advocating for your rights with school administrators.
We believe that laws that ban sex discrimination should also be interpreted by the courts to protect transgender people. While federal law in this area is uncertain, most courts to address this question have found in favor of transgender people being able to access facilities most consistent with their gender identity.
Many businesses, universities, and other public places are converting their restrooms to all-gender spaces. Some places -- for example, states like Colorado, Iowa, Oregon, and Washington, and cities like San Francisco and New York City -- specifically grant transgender people the right to use gender identity-appropriate restrooms in public spaces.