LGBTQ Discrimination – LGBTQ Rights and Laws

This guide offers an important overview of the types of discrimination LGBTQ

individuals face in the United States and their legal protections.

What Is LGBTQ Discrimination? – LGBTQ Rights and Laws

With more than 5.5 million LGBTQ individuals living in the United States, it’s
important to recognize not only our progress in furthering equality efforts, but
also the barriers LGBTQ people still face in fair and equal access to
employment, housing, healthcare, and public accommodation.

According to the Center for American Progress, as many as 1 in 4 LGBTQ

individuals in the U.S. reported experiencing some form of discrimination in
2016.

While there exist a number of nondiscrimination laws on the federal, state, and
local levels that protect people from discrimination on the basis of
characteristics such as age, sex, or national origin—until recently, federal law
did not protect individuals from discrimination on the basis of sexual orientation
or gender identity. That changed in June 2020 with the Supreme Court’s
landmark ruling in Bostock v. Clayton County, where the Court ruled that the
provision of Title VII of the Civil Rights Act of 1964 that protects employees
from sex discrimination also extends to the protection of employees based on
their gender identity and sexual orientation. However, it is important to note that
this ruling only prohibits such discrimination in the employment context – it does
not offer protection under this law to such individuals on in other areas such as
housing.

This guide offers an important overview on the types of discrimination LGBTQ

individuals face in the United States and their legal protections.

What Is Discrimination? The legal definition of discrimination is the unequal

treatment of persons on the basis of an identifying characteristic.

Discrimination can refer to any sort of act or behavior that distinguishes or

singles out individuals on account of factors such as age, sex, race, national
origin, sexual orientation, and gender identity. This can include revoking or
extending preferential treatment.

The primary forms of discrimination discussed in reference to the LGBTQ

population are those based on sexual orientation and gender identity. However,
LGBTQ individuals can also face discrimination as a result of other identifiers,
such as their skin color, national origin, or abilities.
 Types Of Discrimination

Discrimination can come in many forms and occur in a variety of settings. From
the workplace, to your doctor’s office, to the store you frequent for groceries—
any setting that involves contact with another person can become a site of
discrimination. Types of discrimination include:

 age
 race
 sex
 national origin
 disability (including mental and physical)
 marital status
 religious belief or activity
 gender identity
 sexual orientation
 pregnancy status

Examples of overt discrimination may be:

 denying equal pay

 denying goods and services
 refusing housing
 harassment
 failing to accommodate individuals with disabilities or specific religious needs

How Discrimination Affects LGBTQ Individuals

Experiencing discrimination is not something that can or should be easily

brushed off, despite the reality that many people often feel they must brush off
discrimination in order to maintain peace. Yet supporting or promoting
discriminatory acts has real consequences on the lives of those affected.

The impact of discrimination in the LGBTQ community may include effects

on:

 physical health
 mental and psychological health
 education
 employment
 housing status
 treatment in public and social settings
 economic security
 Recent data on the health and livelihood of LGBTQ individuals in the U.S.
shows that:

 46 percent of LGBTQ workers are closeted in the workplace.

 23 percent of transgender individuals in a 2011 survey reported experiencing
“catastrophic discrimination,” which is defined as three or more life-disrupting
events.
 LGBTQ immigrants face unique barriers in gaining access to adequate
healthcare and legal protections against federal and employment
discrimination.
 One in five survivors of anti-LGBTQ violence in the U.S. are undocumented
LGBTQ immigrants.
 68.5 percent of LGBTQ respondents in a 2017 survey who had experienced
discrimination reported a negative impact on their psychological wellbeing.
 56.6 percent of LGBTQ respondents from the same survey reported a negative
impact on their neighborhood and community environment.

The effects of discrimination can be even more significant among LGBTQ

individuals who are marginalized in other ways. For instance, LGBTQ people of
color are 19 percent more likely than white LGBTQ individuals to face
discrimination when applying for a job in the U.S.

Transgender and non-binary people of color report higher rates of suicidal

thoughts and behaviors and are more likely to experience violence, poverty,
and incarceration than their white counterparts.

Being a woman, identifying as non-binary, or being transgender also carries a

higher chance of facing discrimination among those in the LGBTQ community.

Other factors that can contribute to the prevalence and types of discrimination
faced by LGBTQ individuals include a person’s age, national origin, religion,
disability status, and more.

LGBTQ Workplace Discrimination

Seventy-five countries across the globe, including the United States as of June
2020, prohibit employment discrimination on account of sexual orientation. In
addition to the recently provided federal protections, a number of states,
territories, counties, and municipalities have passed their own anti-
discrimination laws. Some of them, such as Florida, are expressly intended to
mirror federal laws providing for the same protections. So, until the Supreme
Court issued its ruling in Bostock, gender identity and sexual orientation
discrimination in the State of Florida were not prohibited, but they are now.

As of January 2020:
 22 states and two U.S. territories have laws that prohibit workplace
discrimination based on sexual orientation.
 21 states and two U.S. territories prohibit workplace discrimination based on
gender identity.

However, discrimination can also take several other forms. Employees may be
discriminated against in their wages, how they are treated by their boss and
coworkers, and in hiring practices.

Even more muddled are LGBTQ rights in situations of harassment in the

workplace, such as offensive comments and other acts meant to make LGBTQ
employees feel uncomfortable and unsafe. The legal standard that must be met
in order to prove “workplace harassment” (also known as “hostile work
environment”), the employee must be able to show that the offensive conduct
was “so severe or pervasive that it materially altered the terms and conditions
of the employment.” It is a relatively high standard that usually requires more
than an isolated comment.

The following states and territories expressly prohibit sexual-orientation

and gender-based discrimination in employment:

 California
 Colorado
 Connecticut
 Delaware
 District of Columbia (D.C.)
 Florida
 Guam
 Hawaii
 Illinois
 Iowa
 Maine
 Maryland
 Massachusetts
 Minnesota
 Nevada
 New Hampshire
 New Jersey
 New Mexico
 New York
 Oregon
 Puerto Rico
 Rhode Island
 Utah
 Vermont
 Washington

Medical Care Discrimination Against LGBTQ Individuals

 Lesbian, gay, bisexual, and transgender individuals can encounter significant
barriers in receiving accessible and inclusive health care and finding medical
providers that are knowledgable about their needs.

Many LGBTQ people report delaying or avoiding seeking care because they’re
concerned about how they may be treated by a provider. Bias and stigma in
medical, employment, and other social settings can, in this way, not only have a
significant mental and emotional toll, but also pose dangers to physical health
and wellbeing.

There is no federal legislation in the United States that currently protects

individuals from healthcare discrimination on the basis of gender identity and
sexual orientation.

On the contrary, in 2017 the US Department of Health and Human Services

(HHS) began proposing regulations that would make it easier for medical
providers to discriminate against LGBTQ patients, providing wider platitude to
refuse care on moral or religious grounds.

In May of 2017, the HHS made moves to begin rolling back federal regulations
that prohibit discrimination against transgender individuals who seek care
through federally funded healthcare programs.

Examples of LGBTQ healthcare discrimination include:

 refusal of care
 promotion of inappropriate treatment interventions
 use of abusive language by a medical provider
 discrimination from fertility and sexual health specialists

A nationally representative 2017 survey from the Center for American Progress
found that 8 percent of LGBTQ respondents reported delaying or forgoing
medical care due to concerns about discrimination.

In the same survey, 8 percent of lesbian, gay, and bisexual respondents and 29
percent of transgender respondents reported experiencing a refusal of care
from a medical provider because of their gender identity or sexual orientation in
the past year.

Members of the LGBTQ community experience higher rates of mental and

physical health problems compared to the general population. Thus, these
barriers faced by LGBTQ individuals in healthcare settings pose a serious
concern.
 Discrimination Against LGBTQ Individuals In A Legal Setting

Lesbian, gay, bisexual, and transgender individuals can also face discrimination
in legal settings.

With a lack of federal oversight, or even state-level protection in most areas of

the country, there is little recourse available to LGBTQ people who face
discrimination by lawyers, attorneys, and other legal professionals on account
of their sexual orientation or gender identity.

Legal settings, as well as many public and private settings, can become
abusive spaces for LGBTQ people, with individuals living in small or rural towns
at heightened risk for mistreatment.

Discrimination Against LGBTQ Individuals In Social Settings

Discrimination can occur in a variety of settings, extending beyond just a

person’s place of employment or their doctor’s office.

Social and public settings in the community can also become unsafe or
unwelcoming for LGBTQ individuals, depending on the attitudes and beliefs
expressed by those who occupy these spaces.

LGBTQ parents, children, teachers, and community workers can face exclusion
and abuse from other people in their community through attempted participation
in social activities, events, or education-based organizations.

Examples of public and social settings where discrimination can occur:

 schools
 playgrounds
 community centers
 parks
 parties
 bars
 restaurants
 libraries
 transportation services

Even covert forms of discrimination such as avoiding LGBTQ community

members, or failing to accommodate the needs of disabled LGBTQ community
members, can have negative impacts on a person’s quality of life.
It’s also legal in most states for businesses and other areas offering public
accommodation to discriminate against LGBTQ individuals, as there is no
federal law that explicitly prohibits this.

Individuals living in smaller towns that contain a reduced number of available

business and service providers can face even greater costs from these
discriminatory practices. This can affect where individuals are able to—or feel
comfortable— buying their groceries, shopping for clothes, seeking auto repair,
and engaging in other forms of consumer or social activity.

Laws Protecting LGBTQ Rights

Despite widespread concern and reports of discrimination targeting LGBTQ

individuals, the options LGBTQ people have for legal recourse in situations of
discrimination are limited.

Employment And Housing

Federal law prohibits discrimination based on sex, gender identity, and sexual
orientation (among other things). Twenty-one states nationwide have passed
state laws that explicitly prohibit employment and housing discrimination on the
basis of sexual orientation and gender identity. An additional state (Wisconsin)
has a state law that prohibits discrimination due to sexual orientation only.

Employment discrimination is also prohibited in the U.S. territories of Guam,

Puerto Rico, and the District of Columbia (D.C.). This does not extend to
protection against housing discrimination in these territories.

Public Accommodation

Public accommodation non-discrimination laws protect the rights of LGBT

people from being refused service or discriminated against in public places on
the basis of sexual orientation and gender identity.

Nondiscrimination laws prohibiting this type of discrimination have been passed

in 20 states and D.C. There are no laws explicitly prohibiting this type of
discrimination in 27 states and five U.S. territories.

Credit

Fourteen states have state laws protecting the rights of LGBT people from
being denied credit and lending services on the basis of sexual orientation and
gender identity. There are no such laws passed in D.C. or any of the U.S
territories.
 State Employees

Discriminatory protections for LGBTQ state employees are provided through

explicit coverage in public employment nondiscrimination policies in 31 states
and three U.S. territories.

An additional three states and one U.S. territory offer these protections on the
basis of sexual orientation only.

Several rulings by the federal Equal Employment Opportunity Commission

(EEOC) have also extended Title VII of the Civil Rights Act of 1964 prohibition
on sex discrimination to include discrimination because of gender identity and
sexual orientation. These rulings do not apply to private employers.

Healthcare

As of July 2018, 37 states do not expressly prohibit health insurance

discrimination on the basis of sexual orientation and gender identity. The state
of New Jersey prohibits this type of discrimination on the basis of gender
identity only.

Only 19 states and D.C. prohibit the exclusion of medical services for
transgender people in insurance plans. Twenty-two states have no policy on
transgender health coverage, and 10 states expressly exclude it.

Certain provisions within the Affordable Care Act (ACA) of 2010 attempted
to address some of the issues experienced by LGBTQ people in
healthcare settings in the following ways:

 included more health coverage options, including Medicaid expansions

 required most health insurance plans to offer the same level of coverage (i.e.
parity) for behavioral and mental health services as for medical and surgical
services
 prohibited healthcare discrimination on the basis of “sex,” which includes
gender identity

However, as of 2017, the last provision (section 1557 of the ACA) has been
challenged in eight states in an attempted rollback.

Rollbacks on a federal prohibition against sex discrimination in healthcare

settings leave transgender individuals particularly vulnerable, as this creates
further confusion and adds greater heat to the controversial, if essential,
national discussion on LGBTQ rights.

What To Do If You Have Experienced Discrimination: A Step-By-Step Guide

 Following an experience of discrimination, it’s important to learn your legal
rights and contact an attorney who can help you navigate the process of filing a
discrimination lawsuit.

Follow these steps if you’ve been discriminated against for your gender
identity or sexual orientation:

1. Contact An Attorney With Experience In LGBTQ Discrimination

If you’ve been discriminated against in your employment, housing search, by a

doctor, or in a public space, seek the legal guidance of an experienced
attorney. State, local, and company-level laws and policies on discriminating
against LGBTQ people change frequently, and it can be difficult for the average
person to keep track.

Attorneys who work in discrimination law have a responsibility to remain up-to-

date on these laws and other legal protections for marginalized populations
such as the LGBTQ community.

Speaking to an attorney about an incident of discrimination due to your gender

or sexual orientation is the most effective way to learn your rights and options
for legal recourse.

2. Document The Incident

Collect any information you can about the discriminatory conduct. If you
experienced workplace discrimination, for instance, see if you can get witness
testimony from anyone else who may have witnessed the incident.

Other information to document, depending on the type of discrimination

and the nature of the incident, may include:

 personal information from the individual or employer

 date, time, and location of where the discrimination took place
 description of the incident (or recurring instances of discriminatory conduct)
 photos of any offensive material (if applicable)
 any statements demonstrating discriminatory practices or conduct

If you experienced discrimination in your place of work, it may also be helpful to

locate or acquire a copy of your company’s non-discrimination policies. If you
experienced housing discrimination or discrimination in a medical setting, you
may similarly be able to find nondiscrimination policies followed by the relevant
individual, landlord, or healthcare provider.
Documenting the incident of discrimination and collecting this information can
be important as you gather evidence to file a discrimination claim or lawsuit.

3. Report The Discrimination (If Applicable)

If you’ve experienced discrimination on account of your gender or sexual

orientation at your workplace, consider any grievance procedures that are
available to you through your employer.

You may be able to report the discriminatory conduct to a supervisor, human

resources personnel, or a union representative. You can do this in writing, by
email, or in person, depending on your own comfort level.

Many people find the prospect of reporting an incident of discrimination

intimidating. Contacting a legal professional can give you an ally in this
process, as an individual who can effectively assert your rights and represent
your interests in seeking legal recourse.

4. File A Discrimination Lawsuit

Once you’ve sought legal guidance, an experienced discrimination attorney can

share with you your options as far as what legal action you can pursue based
on the details of your case.

At Florin|Roebig, our attorneys have managed a number of discrimination

claims and lawsuits, identifying and asserting the rights of clients who have
faced discrimination in various settings.

Through an initial consultation, our attorneys can help you determine your legal
options and file a legal claim or lawsuit if that is an option you wish to pursue.

LGBTQ Discrimination Lawsuits In The U.S.

Across the nation, LGBTQ individuals face discrimination every single day in
their neighborhoods, schools, workplaces, and local community spaces.

According to the Movement Advancement Project (MAP), 44 percent of the

nation’s LGBTQ population live in states that do not prohibit discrimination on
the basis of sexual orientation or gender identity.

Incidents of LGBTQ discrimination in the workplace can be brought to the

attention of the Equal Employment Opportunity Commission (EEOC) in order to
seek legal recourse.
The international organization, Human Rights Watch, has also urged the
implementation of greater protections for LGBTQ individuals against
discrimination in healthcare settings.

Find Legal Help For A Discrimination Lawsuit

If you’ve experienced discrimination on account of your gender expression or

sexual orientation, your options for legal recourse will likely depend on your
location and the nature of your case.

At Florin|Roebig, our team of attorneys has the knowledge, skills, and

resources necessary to help you navigate your state’s LGBTQ
nondiscrimination laws and begin the process of filing a discrimination lawsuit.

Our attorneys are able to serve clients out of our offices in Florida, Minnesota,
Texas, and Colorado and have won nearly $1 billion in results for clients
nationwide.

Call us today to schedule a free case evaluation with one of our seasoned
discrimination attorneys and begin the process of filing an LGBTQ
discrimination lawsuit.

https://florinroebig.com/lgbtq-discrimination/