Can anyone here please answer this question for me?

[Zorra]

If a person is fired from their job for because they are gay or transgender in a "right to work" state, can the gay or transgender person who was fired still sue the company that fired her or him under federal law using Title VII of the Civil Rights Act of 1964?

I can't seem to find a reasonably clear answer on this subject; since we are now protected under Title VII, I am wondering if an LGBT employee is fired because they are gay or transgender in a right to work state, and can prove they were fired for this reason, if they can successfully sue for redress using Title VII and the EEOC.

Thanks.

[mitchtv]

1. I am no expert,but my thought is this,

in a state like this, you want to prove you were fired for no good reason, and being gay would be an ok reason for them. Prove double standards or something. Tough case

[enlightenment]

2. I would think they could.

Title VII is federal law and the charge is a civil rights violation. That has nothing to do with right-to-work.

http://www.eeoc.gov/facts/qanda.html

You might be able to query the EEOC directly if you can't find an answer on their website.

[theHandpuppet]

5. Nope.

In a majority of states you can still be fired for being a gay or transgender person. See my post below.

The only exception, I believe, would be for anyone holding down a federal job.

[enlightenment]

9. Disgusting.

Thanks for the links, Handpuppet; they are very useful.

[Old Codger]

3. Actually

Right to wrk means that they can't have "closed
' union shops forcing you to join the union in order t work there.

[theHandpuppet]

4. Has nothing to do with "right to work"

In 29 states you can be fired for being gay; in 33 states you can be fired as a transgender person. So it depends on where you live.

I'm providing you with some links:
http://www.wegiveadamn.org/issues/workplace-discrimination/
Here is a map of the states where you can be fired:
http://www.upworthy.com/29-states-can-fire-you-for-being-gay-is-your-state-one-of-them

[theHandpuppet]

8. Here's another link

You may find this helpful.
http://musingsonlifelawandgender.typepad.com/rainbowlawcenter/files/employment_law_basics_for_lgbt_employees.pdf

[Amimnoch]

10. Sadly correct..

I've often pondered that the best way to eliminate this discrimination would be for someone to be fired, or outright refusal to hire for being heterosexual, and letting it run the legal course. The funny side would be watching the whacky right actually back up the legal process for us to gain this equal right.

[theHandpuppet]

11. Now that would be an interesting angle!

I'd love to see that play out.

[Zorra]

16. I'm still not clear on this. The link below is one of the things that is confusing me

as to whether transgender persons in a right to work state can sue an employer under Title VII if they are fired because they are transgender. Title VII appears to cover all employees, not just federal employees or those employed by federal contractors.

[link:http://transequality.org/Resources/EmploymentKnowYourRights_Sept2013.pdf|KNOW YOUR RIGHTS: EMPLOYMENT
DISCRIMINATION AND TRANSGENDER
PEOPLE]
Updated September 2013

The following laws offer protection for transgender people in employment:

Title VII of the Civil Rights Act of 1964
prohibits sex discrimination in employment. Federal courts
and the U.S. Equal Employment Opportunity Commission (EEOC), which enforces this law, have
concluded that discrimination because an employee or job applicant is transgender or gender
non-conforming constitutes sex discrimination. Title VII applies to any employer with at least 15
employees. This means that complaints of anti-transgender job discrimination anywhere in the
country can be filed with the EEOC.
snip---
You have the right not to be fired or refused a job or promotion because you are transgender.
This is true even if your state and locality have not passed laws explicitly prohibiting gender identity discrimination

http://transequality.org/Resources/EmploymentKnowYourRights_Sept2013.pdf

What do you think? It appear to me that a transgender person, who was fired in a "right to work" hate state for being transgender, and who can prove that they were fired for being transgender, can file a claim of discrimination with the EEOC anywhere in the country.

The trick here, in a "right to work" state, seems to be a transgender person proving that they were fired specifically for being transgender.

Thanks for the links!

[pinto]

6. It would be an interesting test case. From the EEOC -

http://www.eeoc.gov/federal/otherprotections.cfm

Facts about Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status as a Parent, Sexual Orientation, or Transgender (Gender Identity) Status

The EEOC has held that discrimination against an individual because that person is transgender (also known as gender identity discrimination) is discrimination because of sex and therefore is covered under Title VII of the Civil Rights Act of 1964. See Macy v. Department of Justice, EEOC Appeal No. 0120120821 (April 20, 2012), http://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt. The Commission has also found that claims by lesbian, gay, and bisexual individuals alleging sex-stereotyping state a sex discrimination claim under Title VII. See Veretto v. U.S. Postal Service, EEOC Appeal No. 0120110873 (July 1, 2011); Castello v. U.S. Postal Service, EEOC Request No. 0520110649 (Dec. 20, 2011), http://www.eeoc.gov/decisions/0520110649.txt .

[theHandpuppet]

7. That pertains only to federal gov't jobs

Unfortunately, worker protections for LGBTs and transgender persons vary from state to state. Even the proposed ENDA (the Employment Non Discrimination Act) has clauses in it exempting religious organizations and non-profits on the grounds of "religious liberty". That's why some LGBT organizations have withdrawn their support for the bill.

It would be an interesting case but I would think if it had a chance in hell of winning someone would have already filed. I'd have to see if there's a history on this.

[Fearless]

12. If it's a federal contractor then yes. If not then it is a state matter

Which could only reach a federal court if appealed to one after a ruling in a lower court.

It has nothing to do with "right to work".

However, if the lawsuit is brought in an attempt to find the law in the state unconstitutional (that allows them to discriminate) then, yes it can be brought to federal court, in an attempt to invalidate that state law but will likely not result in getting the job back or reparations for losing the job as it was legal to do so at the time. It would be a lawsuit against the state not against the company.

I am unfamiliar with most states' laws however, so I can't be more specific.

[nightscanner59]

13. Oh, boy have I lived that nightmare.

Twice during my career. Now neither one of the situations would the (new and totally homophobic) boss get away with firing me because I was gay. But it became obvious both of them were hell bent for leather to rid of "the gay". In both circumstances, the latter being about 5 years ago, shortly after I was mugged (hate crime), the witch fired me for the time I had to take off to heal up in the hospital. That was in the now redder-than-ever, right to work but sure as hell don't even THINK about unionizing state of Arizona. Dateline: 1990's though, southern California, I gave one boss hell to create enough "new rules" I wasn't informed of, being on the evening shift, and then trying to trap me in violation of these new edicts she would hand down. She ought to have known better. None of the other day staff were keen on the "lets get rid of the gay man on evenings game", and kept informing me of the new BS she'd create just for that purpose. I went round and round with her, week after week until she figured out she just couldn't beat someone who'd been there for 6 years. But after 6 months of her giving me crap, I handed it all back to her one day. I'd simply had enough. I called her on her B.S., I told her I wasn't fond of her coming from tennessee and trying to enforce her moral BS on the staff.... I basically read her the riot act, told her I had extensive documentation of it all (as she sat there crapping her pants), and told her the state of California wouldn't be too kind to her pulling this crap.
But I relented then, told her I was tired of the war, and if she'd offer me a good severance package, I'd go.
Frankly, however, unless there was really, really clear evidence to do so, especially if you're in one of the states that allow this garbage, I wouldn't think about a lawsuit.

[johnnypneumatic]

14. "right to work" state means...

we can fire you whenever we want, we don't need a reason, we don't give a fuck, you have the right to die, but no right to work for the Wesayso Corporation if we decide we'd make more money without you around.

[Zorra]

15. Yes, that is what "right to work" means in these states. You can be fired for no reason at any time,

without warning, and the employer does not have to tell you why they fired you.

[nomorenomore08]

17. "Right to work for shit wages" is more like it. All union-busting does is lower wages, period. n/t