Wednesday, October 05, 2022


When I told HR at work that I was trans, her first words were, “Oh I can now add one more women engineer!” then she added, “Did you know the Syms (A department store that went out of business) is having a 30% off on dresses!”

Not every employer is happy when an employee comes out, and the same for co-workers.

Miles Oliver: LGBTQIA+ discrimination at work and the importance of knowing your rights
Hartford Courant
By Miles Oliver
October 4, 2022

Workplace discrimination is a widespread issue that must be addressed if everyone is to feel welcome, confident, and capable no matter where they’re working and for whom they’re working. Individuals in the LGBTQIA+ community, in particular, experience discrimination at work at an alarming rate.

Occurrences are too common, affecting about 1 in 10 people who identify as LGBTQIA+, according to the Williams Institute at the UCLA School of Law, which focuses on sexual orientation and gender identity issues. Inconsistent protections granted to these individuals aren’t helping. Workplaces are not where they need to be regarding discrimination, but they are making progress. Learn what you can do if you are experiencing mistreatment at work as part of the LGBTQIA+ community.

What Is being done to stop LGBTQIA+ discrimination at work? Though there is much more to be accomplished, the recent ruling in the Boystock v. Clayton County case is a step in the right direction. If you’re unfamiliar, the Supreme Court ruled that it’s unlawful under Title VII for employers to discriminate against applicants or employees based on their sexual orientation or transgender status as it is indeed discriminating against them “because of sex.”

Connecticut has very strong non-discrimination laws that protect us and our gay and lesbians brother and sisters. The laws that protect us are listed on the right side of my blog. Nationally,

This ruling positively impacted protection against discrimination across the U.S., especially in states where there wasn’t any protection for LGBTQIA+ individuals in the workplace. But it’s important to note that Title VII only applies to companies with 15 or more employees. Thus, a company with less than that could potentially escape significant ramifications for discriminating against LGBTQIA+ employees while they suffer in silence.

But the Supreme Court is carving out religious exception to our protection and the court is hearing a case this new court session that could crave out an even larger exception.

Supreme Court takes up case of web designer who won’t work with same-sex couples
By Ariane de Vogue and Tierney Sneed
February 22, 2022

The Supreme Court on Tuesday agreed to take up the case of a graphic designer in Colorado who creates websites to celebrate weddings but does not want to work with same-sex couples out of religious objections.

The court’s decision means it will wade into another bitter fight next term pitting a business owner who refuses to serve same-sex couples against a state law that bars discrimination on the basis of sexual orientation.

Four years ago, the court sided with a Colorado baker who refused to make a cake for a same-sex wedding. That ruling, however, was carefully tailored to the case at hand and was not a broad nationwide verdict on whether businesses could decline services to same-sex couples based on religious objections to same-sex marriage.

Earlier this term, a Washington state florist who refused to make an arrangement for a couple out of religious objections to same-sex marriage withdrew a pending petition before the court after announcing that she had settled her dispute.

This case could void all non-discrimination laws!

The ruling could create a huge loophole for religious exceptions and there will be no way to prove that it is their religious belief.

Oliver in the Hartford Courant article goes on to write,

Furthermore, the overturning of Roe v. Wade puts some fear in the LGBTQIA+ community about how much they can rely on this verdict to stay valid forever. If the constitutional right to abortion can be reversed, it’s hard to tell what else will be. Ultimately, we’re making progress, but we’re far away from complete protection against discrimination against LGBTQIA+ individuals in the workplace.


Know your company policies: Knowing and understanding what is in your company’s handbook is integral to protecting yourself from discrimination based on sexual or gender identity in the workplace. Go through your company’s handbook to ensure you know your rights as an employee and the policies of the company. That way, you can refer to them when being transparent with your managers about the discrimination you’re experiencing.

That is good advice not only to know your rights not only about discrimination but also about retirement and other company polices.

Now here is where I depart from what he is saying.

Consider finding a new job: Finally, consider finding a new job if there is no resolution. When you aren’t satisfied with the resolution, or one doesn’t come, it is OK to consider finding a new place of work. Your mental, physical and emotional health come first. Separating yourself from anything that jeopardizes that is wise.

I think you should consult lawyers first before you leave the company, there maybe reasons why leaving the company might be worst for your case, so see a lawyer first.

My advice as a retired supervisor of 25 years is to keep a logbook (with numbered pages) about the discrimination and your interaction with HR. This is based on HR telling me to do the same for a problem employees and I figured what is good for the goose is good for the gander (I was told a couple of times to do that for an employee and after HR told me that I went to the employee in question and told them that HR wanted me to do that and suggested to them for them to do the same.).

I have done a lot interaction with lawyers when I was Executive Director of the Connecticut TransAdvocacy Coalition and the one thing I learned is no matter what the laws are it comes down to a judge and jury.

The case that is being heard this session is about “Religious Freedom” for them to hide their discrimination behind their religion.

LGBTQ+ Rights Are on the Docket as Supreme Court Starts New Term
The conservative majority on the Supreme Court could pose a serious risk to LGBTQ+ rights.
The Advocate
By Christopher Wiggins
October 3, 2022

The U.S. Supreme Court began its new term Monday, which is shaping to be historical.

Notably, associate justice Ketanji Brown Jackson will have heard her first arguments as the court's first Black woman. But this term comes as the court has its lowest approval rating ever, with Gallup reporting a historically low approval rate of 40 percent in the wake of last term's Dobbs decision which overturned Roe vs. Wade and took with it decades of precedent with the stripping of reproductive rights from Americans.

This term will bring major controversies over affirmative action, voting, religion, free speech, and gay rights. The court will decide whether LGBTQ+ people are protected from discrimination in business or whether a business owner can refuse to serve a group of people based on religious beliefs. If this sounds familiar, it is.

And the court's conservative supermajority of six judges is positioned to tower over the court.


In the past, Thomas has made clear that he would like to see Obergefell overturned, and Alito has said so too.

The new case does not directly address that question, but it might provide hints about the court's commitment to LGBTQ+ rights and how quickly it aims to move to the hard right with rulings potentially meant to strip Americans of further rights.

And it is the justices that were hand picked by Trump and the Heritage Foundation by trickery that Sen. McConnell of refusing to to hold hearings on President Obama’s nominees, Trump preventing the FBI from investigating justice Kavanaugh for the sexual allegations against him. Then Sen. McConnell forcing the vote of justice Barrett just days before the elections.

As the justices consider the line between someone's religious beliefs and state laws protecting LGBTQ+ people from discrimination, they will examine whether a Colorado designer can refuse to design a website for same-sex couples' weddings.

Where were the axe fall on the side against us and expanding religion.

No comments:

Post a Comment