Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

DOJ claims rights don't extend to LGBT community

According to the Justice Department, LGBT employees in California and elsewhere are not covered by federal civil rights legislation. The department issued its opinion after a New York skydiving instructor filed a lawsuit claiming that he was terminated for being gay. He filed the claim under Title VII of the Civil Rights Act of 1964, asserting that it banned discrimination on the basis of sex. The Equal Employment Opportunity Commission agreed with his interpretation of the law.

The EEOC takes the position that discrimination based on sexual orientation is hard to distinguish from discrimination based on gender. However, the DOJ claims that Congress has failed to amend the law to include protection for LGBT workers. This was despite acknowledging that attitudes have changed toward those in the LGBT community. While this is in agreement with how courts have ruled in similar cases, it is a reversal from positions taken by President Obama.

Some groups have applauded the decision noting that only Congress can change federal law and that it has failed to do so. In addition to taking a stance in the New York employment case, the Trump administration also called for a ban on transgender individuals serving in the military. However, that policy is unlikely to change until President Trump issues a formal directive.

Individuals who believe that they were subject to employment discrimination may wish to file a lawsuit. It may be possible to obtain compensation for back pay and other damages. In many cases, an employer may be liable for damages whether or not it knew about the discriminatory behavior that employees or managers may have engaged in. The advice of an attorney might be helpful to those who have been adversely affected in such a manner.

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions