As of June 15, 2020, United States federal law protects LGBTQ+ workers against workplace discrimination and harassment based on their sexual orientation and gender identity.
In a major victory for the LGBTQ+ community, the Supreme Court decided that sexual orientation and gender identity are protected under the 1964 Civil Rights Act. This means that no employer in the United States can discriminate against or harass any worker for being LGBTQ+.
Discrimination can take many forms. “Discrimination” means any differential treatment of a person or group of people based on certain characteristics: sex, race, color, national origin, pregnancy, religion, age, and – now – sexual orientation and gender identity. At work, it is against the law for an employer or supervisor to punish or take actions against an employee based on these characteristics. Discrimination can include, for example, firing, denying employment, denying benefits, assigning worse positions, paying less, giving fewer hours, or creating a harassing or hostile work environment. With the new decision, LGBTQ+ workers are protected against any employer action that puts them at a disadvantage compared to heterosexual and cisgender workers.
We celebrate the plaintiffs who took their fights to the Supreme Court: Aimee Stephens, Donald Zarda, and Gerald Lynn Bostock. Their victories belong to all LGBTQ+ workers across the United States. Learn more about the cases and the Court’s decision here.
We are excited to say that from now on, all migrant workers are protected against discrimination and harassment, regardless of their immigration status.
If you are experiencing discrimination or harassment at work, you generally have 180 calendar days to file a complaint. Call the U.S. Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000, or find contact information for your local EEOC office here. Please note that the EEOC does not accept discrimination charges over the phone, but they can help you start the complaint process. The law only applies to employers with 15 or more employees.
If you see a coworker experiencing discrimination or harassment, you should be a good ally and share this information.
This blog is part of a new series meant to amplify voices from the LGBTQ+ community and bring attention to their fight, along with ensuring that our spaces are inclusive of all migrant workers.
How can you get involved?
• Follow us to learn more about gender diversity, LGBTQ+ workers’ rights, how to be a good ally to the LGBTQ+ community, and more. Unity among diverse workers is more important than ever, and so is solidarity from people like you.
• Contact us with your questions, doubts, and suggestions about information and stories that you would like to see in Contratados.org.
• Share this information with your friends and family and invite them to join the conversation!
If you are an LGBTQ+ migrant worker and have questions about your employment rights, suggestions on how we can make our work more inclusive, or if you would like to share your story, please contact the Center for Migrant Rights, Inc. All support is free and confidential.
01.800.590.1773 (free from México)
1.855.234.9699 (free from the U.S.)
CDM WhatsApp: +52 5540745344