LGBTQ Employment Rights Under the Ohio Fairness Act

Did you know that nearly 1 in 10 LGBTQ people in the United States experienced workplace discrimination between May 2020 and May 2021? In addition, almost half of all LGBTQ community members have faced workplace bias at some point in their careers. 

This data shows the prevalence of discrimination against members of the LQBTQ community in workplaces. If this affects you, there are legal remedies available to you under Ohio employment law. Generally, workplace discrimination of any kind is illegal in Ohio, but there is currently no substantive law against discrimination for sexual orientation and gender identity. 

However, the Ohio General Assembly currently has the Ohio Fairness Act bill before them waiting to be signed into law. In this article, we examine your rights as an LGBTQ employee if the bill becomes law. We will also discuss the federal law protecting you from workplace discrimination.

If you or anyone you know suffered from workplace discrimination based on sexual orientation, Hux Law Firm can help you. You do not have to suffer in silence. 

Ohio Fairness Act and the Rights of the LGBTQ Workers 

In June 2015, the US Supreme Court gave a judgment that legalized same-sex marriage in Ohio. This was in the case of Obergefell v. Hodges. 

You’d think that the ruling would make it easier for LGBTQ community members to be themselves freely, love who they want, and lessen discrimination. Unfortunately, LGBTQ members still face discrimination, especially at work. Thankfully, some members of the Ohio General Assembly have taken steps to enforce the rights of LGBTQ employees. One way they have done this is by introducing the Ohio Fairness Act bill. But what are your rights under this proposed law?

Firstly, the Ohio Fairness Act would make it illegal for your employer to discriminate against you for being gay, lesbian, bisexual, transgender, or queer. The law will apply to all counties in Ohio as there is currently no statewide anti-discrimination law.

Unlike federal anti-discriminatory laws, which only apply to employers with 15 or more workers, the Ohio Fairness Act would apply to businesses with four or more workers. Also, the law prevents discrimination in government agencies, housing, and public accommodations. 

The hopes that the Ohio General Assembly will finally make the Act the foremost anti-discriminatory law in 2021 did not materialize. So does that mean there is no legal protection for LGBTQ employees who face discrimination? The answer is no.

You can use federal laws to enforce your right in the absence of a substantive state law. One of such regulations is the Civil Rights Act of 1964.

LGBTQ Employees’ Rights Under the Civil Rights Act of 1964

The Civil Rights Act of 1964 Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It means a business cannot deny you a job, promotion, or fire you based on your sexual orientation.

In 2015, the United States Equal Employment Opportunity Commission (EEOC) interpreted Title VII of the Civil Rights Act to include sexual orientation discrimination. Following this interpretation, a federal court and the Supreme Court adopted the same position. 

In Hively v. Ivy Tech (2017), the Seventh Circuit Court of Appeals held that Title VII bans sexual orientation discrimination. In 2020, the Supreme Court toed the same line in the landmark case of Bostock v. Clayton County, Georgia. In a 6-3 decision, the court held that federal law protects LGBTQ employees from sexual orientation discrimination in the workplace. 

As a result of these decisions, you have protection under Title VII — but this law is not always enough. Just like in Ohio, federal lawmakers are trying to create a substantive law that protects the rights of LGBTQ employees. This led to the introduction of the Equality Act bill. 

The Equality Act is meant to amend Title VII and explicitly state that it is illegal to discriminate based on sexual orientation and gender identity. If this bill and the Ohio Fairness Act get passed, you will have the protection you need against workplace discrimination based on your sexual orientation and gender identity. 

Examples of Workplace Discrimination Faced By LGBTQ Employees

Now, you know that you have protection under federal law against workplace discrimination for your sexual orientation or gender identity. But you might not know the actions that constitute discrimination. Here are some examples:

• Getting fired after coming out as gay or transitioning 
• Retraction of an employment offer after the company discovers you are in a same-sex relationship or transitioned 
• Getting inappropriate questions at work about your clothing, genitals, etc.
• Getting passed over for promotion and being asked to transfer positions because of your sexual orientation 

Are You an LGBTQ Employee Facing Discrimination? 

We understand your pains due to workplace discrimination because of your sexual orientation and gender identity. Therefore, Hux Law Firm will passionately fight to protect and enforce your rights. 

If your employer discriminates against you because of your sexual orientation or gender identity, we will help you take legal action. Schedule a free consultation with us today.