Sexual Orientation & Gender Identity Discrimination

Employment non-discrimination laws protect LGBT individuals from being unfairly discriminated against in the workplace by private employers. Unfortunately, not all states provide these protections. Alabama, for example, does not have any statewide laws prohibiting employment discrimination based on sexual orientation or gender identity. While there are local ordinances in Birmingham and Montevallo which aim to provide such protections, they are made largely ineffective by the Commerce Protections Act which prohibits cities and counties from extending discrimination protections to those classes which are not included in state law. Further, the 11th Circuit does not recognize sexual orientation or gender identity as protected classes under Title VII. Late last year, for example, the 11th Circuit found that “discharge for homosexuality is not prohibited under Title VII” in Evans v. Georgia  Regional Hospital. In this case, Jameka Evans, a lesbian, alleged that her…

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