Employment Discrimination - Sexual Orientation

Let’s Work Together

America has come a long way in affording lesbian, gay, bisexual and transgender individuals the same rights and protections under the law as other Americans. But while the laws prohibiting employment discrimination based on gender, race, national origin, religion, or other protected status are clear and well-established, the same can’t be said for those laws when it comes to members of the LGBT community.

Texas state law does not prohibit employment discrimination based on sexual orientation, and a federal judge in Texas recently held that Title VII of the 1964 Civil Rights Act does not protect LGBT employees from discrimination, despite contrary decisions by other federal courts and the federal Equal Employment Opportunity Commission (EEOC).

Unfortunate as these realities are, they do not mean that members of Texas’ LGBT community are without rights and remedies if they suffer discrimination based on their sexual orientation. Several major cities across Texas, including Austin, have passed ordinances prohibiting discrimination on the basis of sexual orientation or gender identity

At Sandoval James, we firmly believe that all individuals deserve to be treated equally and with respect. We reject discrimination of any kind, including that directed at our fellow Texans just because of who they are or who they choose to love. If you are one of our LGBT neighbors and believe that a company has mistreated you in hiring or the terms of your employment, we invite you to reach out to us for a free consultation to discuss your situation and explore the possibility of legal action.

Texas Cities Are Protecting LGBT Workers Even if Texas Is Not

As noted, several cities across Texas protect LGBT workers from employment discrimination based on their orientation or gender identity, including Austin, San Antonio, Dallas, Ft. Worth, and Plano. For example, the City of Austin’s non-discrimination ordinance provides that an employer may not:

  • “Fail or refuse to hire or to discharge any individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, based on the individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; or
  • Limit, segregate, or classify an employee or applicant for employment in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the individual’s status as an employee, based on the individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.”

Employers who engage in such conduct are subject to significant penalties, and the ordinances often allow employees to seek compensation and other remedies for discriminatory employment actions.

Call Sandoval James Today for Your Free Employment Discrimination Consultation

When hard-working LGBT Texans face prohibited discrimination in the workplace, it threatens not only their abilities to earn a living and support their families — it robs them of their dignity and rights under the law. At Sandoval James, we don’t tolerate such conduct. Our Austin employment discrimination attorneys are fierce advocates for LGBT workers, and we stand ready to help you.

To arrange for your free initial consultation with one of our Austin employment discrimination lawyers, call us today at 512-382-7707 or contact us online.