The rising issue of discrimination against Lesbian, Gay, Bi-sexual, Transsexual, and Queer (LGBTQ) rights is no exception to the Texas Workplace. Are there any Texas law implemented to protect discrimination against the LGBTQ community in Texas? Let’s discuss.
Have you been discriminated against because of a protected classification? Speak to an attorney here.
LGBTQ Rights in the Texas Workplace, Generally
Although many types of discriminations are considered and protected under federal and Texas laws, LGBTQ or gender identity rights is not one of those discriminations. In other words, there is no recourse under Texas law if an employer discriminates against an individual’s sexual orientation or gender identity.
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Progress in LGBTQ Rights in the Texas Workplace
As stated above, there is no legal cause of action for discrimination based on sexual orientation or gender identity in the Texas workplace. However, subtle progress has been made protecting LGBTQ rights. For example, many cities in Texas have adopted ordinances that prohibit discrimination based on sexual orientation and gender identity. Some of the cities have implemented ordinances protecting employees in solely the public sector, while other cities have implemented ordinances protecting employees in both the private and public sector. However, this still leaves a majority of the Texas LGBTQ population unprotected from discrimination.
Another source of protection would be for privately owned companies to implement policies protecting LGBTQ individuals from discrimination based on sexual orientation and gender identity, which has been done by many privately owned entities in Texas.
An additional sign of progress has been through the litigation of this very issue. The United States Supreme Court touched on the topic of sexual orientation and gender identity in Price Waterhouse v. Hopkins. In Price Waterhouse, a female manager faced discrimination in the workplace due to not appearing feminine enough. The Court held that the manager has been illegally discriminated against in her failure to conform to gender stereotypes established by society.
Although implementing local or city ordinances, company policies, and visiting this issue through courts seems a minimal sign of progress; it is still progress nonetheless. If this trend is to continue, the LGBTQ community may see a tremendous improvement in sexual orientation and gender identity rights in the workplace.