With at least 20 states introducing “Don’t Say Gay” bills in 2022 alone, the extent of Title IX’s protection will likely be put to the legal test in coming months. We saw Florida’s “Don’t Say Gay” bill in action recently when a Florida teen delivered his high school graduation speech using coded language about having curly hair in Florida’s humid climate as an analogy to his experience as a gay youth.
#Ga dont say gay bill free
Critics, on the other hand, point to free speech and discrimination issues under the First Amendment and Title IX. Dubbed “Don’t Say Gay” bills, advocates claim that they uphold parents’ rights to have discussions about LGBTQ+ topics with their children at home rather than in school. Recent legislation passed in Florida and Virginia limit LGBTQ+ discussions in schools, and many critics point to Title IX to prove that the bills are illegal. Since the Bostock case expanded the definition of “sex” to include sexual orientation and gender identity in academic settings too, LGBTQ+ students are now afforded protection for recruitment, admissions, lessons and instruction, housing, financial aid, and sports and extracurricular activities. Title IX of the 1972 Education Amendments prevents discrimination on the basis of sex in all federally funded schools, including primary, secondary, and post-secondary institutions. Note that if you’re a federal employee, the complaint process has different filing and timeline requirements. Complaints must be filed within 180 days of the discriminatory act, and filing is completely free. If you experience sex-based discrimination at work or know of a colleague’s experience of sex-based discrimination at work, you should consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). Clayton Cnty., GA, that discrimination “because of sex” applies to sexual orientation and gender identity, not just instances of sexual harassment or pregnancy. While sex-based discrimination has long been illegal under the Civil Rights Act, legal protection for LGBTQ+ employees, specifically, is relatively new. A 2021 report by UCLA School of Law’s Williams Institute found that more than 40% of adult LGBTQ+ employees have experienced unfair treatment at work during some point in their lives.
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Unfortunately, sex-based discrimination is a common occurrence, especially for those in LGBTQ+ communities. Sex-based discrimination at work includes infringement of any rights related to employment: interviewing and training, hiring and pay, terminations and layoffs, and everything in between. Title VII of the Civil Rights Act of 1964 protects against discrimination in the workplace on the basis of gender identity and sexual orientation.
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Let’s take a look at a few legally recognized rights that help support LGBTQ+ communities as well as rights that are not (but should be) protected. In the wake of challenges new and old, knowing LGBTQ+ rights is crucial for those inside the communities as well as allies on the outside.
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However, with anti-LGBTQ+ legislation popping up across the country, legal protection and social acceptance of LGBTQ+ communities continue to be an uphill battle.
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It was only seven years ago that same-sex marriage became legal in all 50 states and only two years ago that sexual orientation and gender identity became federally protected against discrimination under the Civil Rights Act of 1964. Like all marginalized communities, LGBTQ+ people face an ongoing struggle with recognition of legal rights. Sounds silly, right? For those in LGBTQ+ communities, it is not silly at all and, in fact, is very real.