Expert: John Fuller - 1/31/2011

Question
Perceived or actual Sexual orientation & Gender Identity are not protected by the Equal Employment Opportunity Commission in every state. Is this an issue that has to be fought state by state?
Is there something that can be done on a national/federal level?

In Florida, it has already been clear to me that saying "I'm sorry - we don't hire homosexuals here" is just as acceptable as a 1940s employer saying "I'm sorry - we don't hire blacks here".
Possibly not as common, but leaving the applicant as helpless nonetheless.

Do you have any ideas on how a community may come together to change this?
Thank you.

Answer
Hello Hannah,

I truly understand your concern and have been working with this issue for over two decades now. As an investigator, I always treated the LGBT claims of discrimination as sex based discrimination and if discrimination was founded, recommended probable cause.  It is unfortunate that other investigators do not also do this.

Actually, sexual orientation or gender identity are not "protected" categories of the Civil Rights Act of 1964 which the EEOC enforces so they do not have jurisdiction for such claims in any state.  

However, states (not Florida as you mentioned) and local communities do have the right to extend protections and establish additional protected categories.  For example, Maryland extends sexual orientation and genetic information and the city of Baltimore goes further to extend protection for gender identity.  

There is movement within the federal government to consider the extension of protection to the LGBT populations but that may have been delayed by the current Congress.  The lifting of the Don't Ask, Don't Tell was a start for the military and should provide momentum.

The best way to address this issue is through your local human relations commission if your city or county has one (which is also the best avenue), or through the state commission which will take more time.  You can have your local elected council person submit a bill for this protection and lobby for its passage through a signature drive.  Signatures to elected officials represent votes and even if they don't want to do the right thing, they will do so out of necessity to keep their office.  Unfortunately, we still live in times where this type of activism is necessary but it is also quite effective.  

Please feel free to ask any additional questions; would be glad to assist.

John