Many may believe that the end of the struggle for equal rights for different sexualities when same sex marriage was passed. However, laws in LGBTQ+ peoples’ favor are few in far between and the fight is definitely not over. One of the most essential laws that people do not typically think of is workers’ rights. It is quite easy to assume that if one’s work is good, one will be rewarded. Yet, LGBTQ+ workers’ often deal with discrimination among other minority groups.

Workplace protections for LGBTQ+ employees is essentially a state policy. States vary on whether sexual orientation or gender identity are protected classes, some states having no protections at all, and others only protecting sexual orientation. Gender identity is the least protected class in most states among these traits (ACLU). However, it is important to note many employers independently signify that they follow the guidelines that the U.S. Equal Employment Opportunity Commission puts into place. The federal agency is solely dedicated to protect classes from discrimination (EEOC). EEOC interprets Title VII of the Civil Rights Act of 1964’s mention of sexuality discrimination as a prohibition, saying it forbids any form on the basis of sex discrimination as gender and sexual orientation. Moreover, Title VII does not explicitly include sexual orientation or gender identity, but the Supreme Court has commonly ruled that against discrimination against gender stereotypes and sex determination (EEOC).

The authority for LGBTQ+ workers’ rights is rooted in the 14^th Amendment of the Constitution, which holds the Equal Protection Clause. This clause is where the writers of the Civil Rights Act of 1964 interpreted the foundations of its specific Title in the first place, and as we now know, for years to come. Title VII of the Civil Rights Act relates to the LGBT workers’ rights and protections, since many try to classify it under the category of sex even though the word sexuality is not explicitly stated. This clause pertains to the 14^th amendment not only through its respective act, but also under equality as a whole, since the 14^th explicitly states that every U.S. citizen should be treated equally under the protection of the law.

A case that represents LGBT workers’ rights is Romer v. Evans. Citizens of Colorado attempted to add a second amendment to the state constitution forbidding protecting people from discrimination based on sexual orientation, practices, or relationships (Oyez). The Supreme Court voted that this violated the equal protections clause in the 14^th amendment. Why? The amendment was said to single out protections for homosexuals and bisexuals specifically, therefore imposing a disability on them by not allowing them the right to seek legal counseling for discrimination (Oyez). When writing the final decision, Justice Anthony Kennedy made sure to note that cases like these were often sustained if it was in the interest of the government. However, the Coloradoan second amendment effectively deprived people of equal protection under the law and did not govern legitimate government interest.

Workers are what fuel the country on both small and large levels. They are essential to our economy, no matter their sexuality. In that way, workers’ rights are LGBTQ+ peoples’ rights. While organized labor unions have been able to make significant gains for other minority groups, LGBTQ+ people have often been left behind. That is not to say there have not been gains in other areas, such as better health care and the family medical leave act, and even gaining some retirement support in areas. Unions also provide workers with the security they need if faced with a firing in an unjust causes for discriminatory practices and in any other unfair situation in general. Unions are quite fantastic at protecting workers, but as previously mentioned, it would be ignorant to assume that there is not still work to be done regarding equality in the work place. Especially in the present political situation, people should not have to worry about discrimination in the workplace because of who they love.

There have been movements as of late to take real action for the LGBTQ+ community through various nonprofits and platforms, including National LGBTQ+ task force. They actively campaign to bring the Employment Discrimination Act to congress. For this to occur, there has to be undoubted support from unions across America. It is important to note there are important benefits other than health care than this bill can offer to people.

LGBTQ+ people should have the same privilege as others to be able to feel accepted and safe in their place of work. The Employment Discrimination Act would have tangible effects on discriminatory practices, but another possible tactic to reduce discrimination is to revamp Human Resource practices in modern businesses and firms. If HR reps were to enact practices to cease discrimination altogether, everyone could feel comfortable in their workplace.