Discrimination based on sexual orientation or gender identity can create a hostile work environment and limit equal opportunities. If you identify as LGBTQ+ and face unfair treatment at work, you should know that federal and Texas laws provide protections to help ensure fair treatment.
Federal protections under Title VII
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex. In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that this protection extends to sexual orientation and gender identity. That means employers cannot legally fire, demote, or refuse to hire someone because they are gay, lesbian, bisexual, transgender, or queer. The Equal Employment Opportunity Commission (EEOC) enforces these rules and investigates complaints of discrimination.
How Texas law applies to LGBTQ+ discrimination
Texas does not have a statewide law that specifically bans discrimination based on sexual orientation or gender identity. However, several Texas cities, including Austin, Dallas, and San Antonio, have local ordinances that prohibit such bias. These local laws give employees another layer of protection. Even in areas without local ordinances, federal law still applies, offering strong safeguards for LGBTQ+ workers across the state.
Recognizing workplace bias
Workplace bias can take many forms, from offensive comments to being excluded from meetings or denied promotions. Subtle discrimination, such as consistent negative evaluations or shifts in job duties after coming out, can also violate federal law. Keeping records of emails, conversations, or workplace incidents can help if you decide to file a complaint.
If you experience discrimination, you have the right to report it without fear of retaliation. You can file a complaint with the EEOC or a local human rights commission if one exists in your area. These agencies review claims, mediate disputes, and may take enforcement action when necessary. Knowing your rights empowers you to take action against unfair treatment.
