After last month’s historic move to nationally recognize same-sex marriages, the next battlegrounds for gay rights in America are housing and employment protections.
Now it seems a major step has been taken on the latter, potentially putting to rest for good the ability to fire an employee based on his or her sexual orientation. That’s huge!
The U.S. Equal Employment Opportunity Commission, created to enforce and implement the 1964 Civil Rights Act, ruled this week that workplace discrimination based on sexual orientation is illegal.
The ruling states that employers who discriminate against LGBT workers are violating Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination “based on race, color, religion, sex and national origin.”
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
It’s a new interpretation of the law with wide-reaching potential.
In the past, courts have ruled that Title VII doesn’t apply to sexual orientation because it isn’t explicitly mentioned, but the new interpretation accounts for LGBT discrimination under the umbrella of sex discrimination.
“Sexual orientation discrimination is sex discrimination because it necessarily entails treating an employee less favorably because of the employee’s sex,” the EEOC concluded.
It’s similar to how racial discrimination extends to relationships. Just as a man can’t be fired for dating a woman of a different race, the same man can’t be fired for dating a person of the same sex.
Oddly enough, Chief Justice John Roberts, who wrote the dissent in the marriage equality case, hinted at this same logic during sessions considering whether or not to take the case.
“If Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t,” Roberts argued in April. “And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”
What remains unclear is how this new interpretation will affect current efforts to pass legislation specific to protecting LGBT employees.
Of course, these new guidelines only help if you can prove you were fired for being gay. But it’s a cause for celebration nonetheless.
Jeames Granger
really ?
Glücklich
Well, I wouldn’t want to be fired but every once in a while I think a layoff wouldn’t be so bad. ‘Cept COBRA costs a fortune.
Frank Vaca
The Ecc was only a suggestion
Justinius Phoenix
Well they cannot give it as a reason at least. Most states are “at will” states so you can both quit and be fired at anytime for no reason… it takes a lot to prove you were fired due you your race, gender, age, religion, and now sexual orientation… least now if you can prove it your covered before in states that had no protection an employer could look at you and say “Your fired i cannot stand to have a flithy homo working for me” now they cant do that
Stephen Houldsworth
This is good news, but I think this decision will have to survive e a number of court challenges before we can celebrate fully. Also, a 2016 Republican presidential win would change this in a heartbeat.
Don McCarthy
I think Congress still has to vote on it. But, I hear that it’s now technically illegal because of this.
M J Martinez Crogan
Good luck with that one
M J Martinez Crogan
My suggestion to everyone. Keep records & video.
Andrew Nestler
Oh Queerty….
Sach Adams
why would someone fire you for being gay??? exactly how does what you do in your bedroom effect your work responsibilities??? I am confused on why this is an issue or would be an issue
Duncan Noel Campbell
This is great news for my brothers and sisters to the south! Congratulations from Canada! But be careful people: Having legal recourse is not the same as being safe. Canadians still have to fight against bigots in the workplace though we’ve had the same legal protection for a while now. The fight will continue until homophobia is a thing of the past. Still, this is great news!
Garrett Piersa
This is misleading. The EEOC ruling ONLY applies to federal workplaces, federal contractors, and EEOC offices nationwide. What it does do, though, is pave the way for anti-gay workplace discrimination to be challenged in federal court, similar to how we won marriage.
Roger Market
As others have said, this article is misleading. For now, it applies only to federal employees. We still need a law, but at least this provides an argument.
David O'Flaherty
That’s great. It pays to have creativity and a brain
Luis Enrique Avila Suarez
That is awesome
Brian JC Kneeland
Since when? Try getting a job in a Catholic Church!
Valerie Becklund
I know a good civil rights attorney if you need one.
Marko Antonio
Hopefully this happend in the entire american continent !!!!
Johan de Aguas
In UNITED STATES, not America. America is a FUCKING continent.
Chuck Davis
And i’m sure we’ll see a wealth of repub efforts to allow “religious freedom” to obviate this … Because thats what Jesus would have wanted
Joel Quinones
FINALLY!!!
Richard Lee Zweiben Klein
Isn’t it awesome?
Ray Ivey
Yet another misleading Queerty headline.
Don Michael
Guess what, yes you can, just watch.
Chris Cunningham
Yea, they’ll find some other reason… they always do.
Jokie X Wilson
Nothing will change. They’ll just use the same untrue reasons they thought up when they were too disgusted to even think the word gay. 🙁
Les Wilson
GoBama!
James Hart
@Brian JC Kneeland: Religious organizations will always be exempt from these laws.
Randy Joe Wileman
PA is a at will state, it’s going to be hard to prove that is the reason unless you have video of what the bosses say
Tony Chaplinski
it will still be done but more covertly
MarionPaige
The EEOC has long been about expanding Title VII to combat everything except discrimination in the workplace against Black people (the intent of the law). Some newspaper asked the EEOC in Manhattan why all of it discrimination litigation against investment banks was on behalf of White Women. The EEOC claimed that white females were the only people complaining. Do you believe that?
The EEOC in Manhattan will dismiss out of hand any complaint by someone black about racial discrimination yet it will expend resources to sue on behalf of a White Male Partner of a Law Firm charging age discrimination
The going given with seasoned civil rights litigators is to avoid the EEOC and Federal Court at all cost
jar
@Johan de Aguas: America is not a continent. The use of America and American refers to the US. Arguing over this is just petty pedantry.
Jared Daniel Schrock
I never even knew you could be fired for being gay.
scotshot
@MarionPaige: You are completely full of shit. Not one allegation or statement of your post has a bit of truth to it.
o.codone
It looks like the readers know more than queerty knows on the subject. Once again.
Desert Boy
This is a great time to be an American.
denvermtnbiker
This is great news. However, what’s with the last two sentences of the article? The whole point of the ruling from the EEOC is that the law doesn’t have to specify sexual orientation in order for discrimination on that basis to be banned, because it’s sex discrimination, pure and simple. So no, ENDA is no longer needed. And of course you have to prove the discrimination happened in order to enforce, just like ENDA would have required. What’s the alternative? Have claims awarded without any need to prove discrimination? Kind of a dumb observation, that last sentence…
Jim Delp
A letter To Donald Trump critics
I am Hispanic and Latina and very well educated. Iâ??ve been in Mexico several times for periods of time and in many other countries in Latin America. I have been in almost every country in the American continent, and I have seen very close the problems people have in those countries to be able to give an educated opinion. First of all Mr. Donald Trump did not say legal immigrants. He was referring to illegal immigrants. The moment a person enters a country any country without permission and proper VISA is breaking the law, period. There is nothing that can justify braking into a country, nothing!Itâ??s as breaking in someoneâ??s house to steal food because you claim you were hungry, would that justify stealing for you?
I know very well immigration laws, one of my first jobs back in my birth country was as an international airplane security agent for American Airlines so I know there are plenty of immigration laws to do things right, to come to USA legally by several different venues like special working permits that only given to Mexico and central American poor people that may want to come here to work.
I know also because the people who now a day cuts my grass have them, they come and work for 6 months every year legally and go back to Mexico and they do the same thing every year and like that there are more laws, but of course if you have a criminal record you wont get it!
I am a legal immigrant and of course I came here to USA long ago with VISA and proper documentation, eventually I marry and became a citizen and Mr. Trump did not offended me at all! Media Pro-Democrats pushed Political Correctness articles all over the Internet and beyond, because the Mexican company Univision is 43% owned by the Mexican Government and the attacks started a week later after Mr. Trumpâ??s inaugural speech!!!! You know why? Because they were thinking how to do it! How to attack Mr. Trump. Carlos Slim a Mexican Oligarch and one, if not “the one”, richest man in the world, he owns almost all cell communications in Mexico and the rest of the cellular networks in Latin America! He relativity doesn’t pay a penny in TAXES!! To helpthe poor or for the country social aid programs, the Mexican government does Not help its people at all! They have no welfare for the poor, because they found out an easy way to deal with that! They send them to USA! They do not protect the borders at all! Poor needy people crosses but also criminals of all sorts. The Mexican Government does it on purpose! They have no liability, they do not have to pay for the economic burden it is when an illegal immigrant needs Medical attention or schools or services for their children or else!
The Politicians in Mexico and the Oligarchs literally push their people into USA illegally, if anyone is abusing and taking advantage of those poor people are they! The â??racists” are they! The rich people of Mexico live very well off, and they do not help these people in any way. Not at all. Why should the American TAX payers have this unfair burden? When many of us here inUSA have disable children that depends on us, and no Mexican government help usat all!
So look at the facts first, look at the whole picture, and then comment educated and intelligent posts! If you feel compassionate towards illegal immigrants and you should! The right way to help them, the right thingto do! Itâ??s like TRUMP SAID: it is to force the Mexican government to have some responsibility for their people and help them and control the borders equallywith USA and give them what they are in title to receive as their human rightswhich is at least good health care!! And that my friends are why they areattacking using the media and the reason they fear Mr. Trump so much!
MEXICO HAS OIL MONEY BIG TIME! But the oligarchs are notsharing!
They hate Trump because now they will have to PAY for theirown people!!!
Not the American citizens anymore!!!!
Trump just said he would send the bill to Mexico for each illegalaliens we caught here and the illegal immigration will stop very fast!! I betit will work.
Andrea Lalama
Dyllon Correll
Oh, ” your fired for wearing your shirt incorrectly”
Denis Antler Blanchette
will see i never trusted the U.S government
Jeffrey York
Why isn’t this getting as much press as the Supreme Court Decision?
Captain Obvious
Yeah you’ll just get fired for being 5 minutes late instead, even when you walked in with a co-worker who’s told to stop defending you because he needs this job to feed his three kids.
Good luck proving it was because you’re gay.
jwtraveler
@Sach Adams: Have you been living in a cave all your life? Have you never heard of bigotry, r@cism, sexism (is that word kosher), homophobia, prejudice, hatred, etc.?
@Jared Daniel Schrock: Have you been in the cave with him? Too busy screwing to realize you don’t have any rights?
Thorsten Brandt
Was it possible before? Here in Germany we have the anti discrimination law.
Jeffrey Thomas
But shamefully, it will still happen. Bigots will still make it impossible for gay workers to stay. Stand up and demand your rights.
coffeeaugur
They never fire anyone for being gay, they always come up with some other excuse, or they bury you in work to make you quit
Giancarlo85
@Sach Adams: You’re a naive one for sure. Many people get fired for being gay simply because they are gay and the boss doesn’t like gay people.
Steve George
You can still get bashed at school. Ship of fools.
Stacey Koch
WOOHOO!
Robert Rossetsky
thats a big lie…..
Don Burnett
I have a problem believing that in michigan
Barry D Miller
Very misleading headline. People are still being fired for being openly gay.
Transiteer
Canada passed anti-discrimination Laws before passing Gay Marriage Laws. It was much cleaner and simpler than doing it the other way around, but if it works America – bravo on you! But you do need both . . . . . .
Jarodd Washington
I hope that will be true
Bob Kellerman
As I have read it this applies to businesses with 15 or more employees only unfortunately
Frank Brady
Can’t wait to see what the SRNC’s* come up with to counter this; religious exemption for Peanut Butter lovers? Could be anything! (*Self Righteous Nut Cases!)
Ron Jackson
Meaningless. IF your company wants your head in a basket they can and will get it. One way or another. There is always a way to fire someone. Been there.
Realitycheck
Great news! Another step toward equal rights.
Realitycheck
@Ron Jackson: Ron most companies are afraid to violate regulations, it is also a a clear message nation wide, gays
can no longer be discriminated against for being gay.
If a company sack you another way and you are a good worker and the company has the business, you can sack them back.
Last, bigots are stupid they will go in TV and say they did it for God, it never fails.
Lets be honest if bigots were intelligent they wouldn’t be bigots they would be part of that 56% of Christians that did support gay marriage.
Jack Butler Norman III
About time!
GayEGO
After the company I worked for in Massachusetts merged with a company whose headquarters were in Nebraska, my lifetime partner of 53 years, were married my partner was previously covered by my health benefits.
The Nebraska health benefits application rejected my partner as it did not recognize our same-gender marriage. I told the HR employee that because they ran an office in Massachusetts they had to obey Massachusetts law and provide my partner health benefits. The HR employee responded with “I will manually add him to our health system which was done immediately.
I am saying that we need to speak up and not just sit back and expect them to take care of these issues.
Gil DuPont
About time!
Henry Soria
I like the outcome, but I’m not sure it will be upheld by the courts. It’s common knowledge the federal statute does not prohibit discrimination based on sexual orientation, and that’s why we’ve been trying to pass EDNA for years on end.
Sebastian Daba Iba
HIP, HIP, HOORAY!
rss1021
i don’t know but I was told That If no one does nothing The president can sign an executive order
Joe Clark
They can find another reason to fire u
JaDizzle
@Johan de Aguas: Sigh, There is no American continent. There are two separate continents, North America and South America,. So when people say America it is in reference to the Nation of The United States of America. If you are from South America then you are South American not American, which is the national identity of people from the United States of America.