Job discrimination is much happening in the country, with gay and transgender workers being disadvantaged. The courts are facing a challenge to determine whether the law bars employers from discriminating against workers based on transgender status and sexual orientation. The transgender workers acknowledge and demand implementation of the civil rights acts that prohibit workplace discrimination based on sex. It gives the workers a right to take their employers to court. Several cases where employees have had their employment terminated based on their sexual orientation have been witnessed. The ruling has been in both in favour and against, yet all involve discrimination based on sexual orientation. It shows there should be a legal decision that should serve as a guide to follow in regards to understanding sex discrimination. The civil rights Act has stood to protect gender identity by acknowledging that an employer’s religious beliefs should not be used to justify discrimination (Liptak & Peters, 2019). This, in itself, has made the court reconsider reviewing cases presented to them to try to determine whether sex discrimination covers discrimination based on gender identity and sexual orientation. More support from the equal employment opportunity commission has interpreted sex discrimination to include sexual orientation and gender identity.
Having that the courts have no laws addressing sex and other forms of discrimination, this shows how hard the public will find to accept a court ruling addressing discrimination. The court has gone ahead to emphasize that ruling in favour of the offender will not adequately protect employees from employers with religious objections to same-sex relationships. It has been stated that the power to change the law that addresses sex and sexual orientation resides with Congress (Liptak & Peters, 2019). Congress should take action to treat and protect their rights rather than leaving it to the courts to decide. The courts have to be more concerned with the massive uproar that would result from the public after stating a ruling that would be in favour of the lesbian, gay, bisexual, transgender, and queer population.
A discussion to recognize transgender people and their right to exist in the workplace should be addressed since some have power but still will be looked down upon. They are fired not because they performed their jobs poorly, or not qualified for a position but because of who they are as transgender people (Picchi, 2019). It reveals there is a need for continuous awareness and education to workplaces on acknowledging minority groups. This will eliminate the fears of bias and give room to declare one sex without the worry of hurting your career. The study reveals that lesbian, gay, bisexual, transgender, and queer workers offer high productivity boost to their employers and are always satisfied and happy in their employment when supported. They have gone ahead to drum support by stating that employers need quality talent to push their businesses to success, and offering jobs to these people could be the key to absorbing great expertise in the workforce. Employers need to do more to support the lesbian, gay, bisexual, transgender, and queer workers by providing policies with benefits to them, such as parental leave ((Picchi, 2019). They need to be guaranteed workplace protections to assist in transitioning and for inclusivity, such as availing gender-neutral bathrooms and work forms for those who do not identify as either male or female.
Discrimination is also being witnessed in evangelical Christian schools that bar lesbian, gay, bisexual, transgender, and queer potential workers and students. This follows because of a complicated legal landscape that gives different interpretations of civil rights laws by federal agencies, conflicting court rulings, and a patchwork of state laws for religiously affiliated organizations. This religious exception states that they are only permitted to give employment preference to members of their religion. Yet, it does allow discrimination in employment based on sex, origin, and colour (Moreau, 2019). It is being argued that religious entities receiving government funding should abide by non-discrimination rules that limit their degree of freedom when it comes to hiring employees. Religious organizations are among those that have been given the authority to manage their employees under their spiritual guidance since different rules apply to different faiths. Employment protections witnessed are the executive orders issued by governors with signed measures protecting lesbian, gay, bisexual, transgender, and queer workers from employment discrimination. Without pushing the rules legally to state laws, they can easily be overturned once a predecessor takes over (Moreau, 2019). A push by activists on the equality act is to eliminate the ambiguity in workplace protection laws and also to add gender identity and sexual orientation to the civil rights act. Equality act states people should be judged on by the quality of their work.
The articles selected relate entirely to transgender and sexual orientation. They are bringing out discrimination, biases, and the current status of the laws. Highlighting this topic on gender identity aims at providing a solution; employees will be accorded the fair treatment they deserve, and the courts working hand in hand with the Congress will enact laws that look to preserve and punish those that violate. It is a push to create awareness of what is happening, and it will help bring satisfaction and acceptance to the lesbian, gay, bisexual, transgender, and queer people. They will proudly be ready to declare their sexuality without fear of victimization publicly. Laws to govern the country and those in employment should be adequately stated to avoid confusion and ambiguity. The courts should be ready to stand firm and defend justice. Employers should be number one to see equality and rights for all is upheld without discrimination based on sex.
Liptak, A., & Peters, J. (2019). Supreme Court Considers Whether Civil Rights Act Protects L.G.B.T. Workers. Retrieved from https://www.nytimes.com/2019/10/08/us/politics/supreme-court-gay-transgender.html
Moreau, J. (2019). Can you be fired for being gay? Answer depends largely on where you live. Retrieved from https://www.nbcnews.com/feature/nbc-out/can-you-be-fired-being-gay-answer-depends-largely-where-n962711
Picchi, A. (2019). Nearly half of LGBTQ workers fear being “out” can hurt their careers. Retrieved from https://www.cbsnews.com/news/nearly-half-of-lgbtq-workers-fear-being-out-can-hurt-careers/