President Biden’s EO Extending LGBTQ Nondiscrimination Protections

In June, I proudly wrote about a ruling by the United States Supreme Court. That ruling made it illegal to discriminate against LGBTQ workers because of their sexual orientation. This was a landmark decision in civil rights law and a huge victory for the LGBTQ community. This ruling is an evolution of Civil Rights Act of 1964 that made it illegal to discriminate against an employee based on sex. Title VII is another name for this section of the Civil Rights Act of 1964. President Biden’s Executive Order extending LGBTQ nondiscrimination protections is another positive step in this progression.

President Biden’s Executive Order directs all federal agencies to implement the Supreme Court’s landmark decision discussed above. The Executive Order also builds on the Supreme Court decision, directing any federal agency with protections against discrimination based on sex to interpret those statutes to also protect against discrimination based on sexual orientation, gender identity and gender expression.

President Biden’s order also acknowledges how discrimination against LGBTQ people often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability. For example, transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence. Finally, President Biden directs the head of each federal agency to work in consultation with the attorney general to develop a plan within 100 days to carry out the order.

Alphonso David, president of the Human Rights Campaign, the country’s largest LGBTQ advocacy group, called it the most substantive, wide-ranging executive order concerning sexual orientation and gender identity ever issued by a United States president.

Again, as an advocate for every person’s workplace rights, I am really happy about President Biden’s actions. Nobody should face harassment and discrimination at work. Nobody. The Supreme Court’s decision along with President Biden’s Executive Order extending LGBTQ nondiscrimination protections clearly help in the reduction of workplace discrimination.

If you feel that you have been discriminated at work, please give me a call.

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