LGBTQ+ Discrimination

Unlawful LGBTQ+ Discrimination in Employment

Employment discrimination against an individual because of a person’s sex, including sexual orientation or transgender status, is unlawful under federal and Colorado law.

The law protects employees and applicants in the private sector and federal, state, local government employment from discrimination based on sexual orientation and transgender discrimination.

Employment attorney Steven Murray welcomes the opportunity to provide experienced counsel and representation to persons subjected to sexual orientation or transgender discrimination.

Murray Law represents clients asserting discrimination claims in federal and state court lawsuits, filing discrimination charges with federal, state, and local government agencies, and in mediation and arbitration proceedings.

Steven Murray has successfully represented individuals subjected to discrimination in lawsuits before multiple United States District Courts, including representing prevailing clients in jury trials in discrimination cases before the United States District Court for the District of Colorado and mediation proceedings.

Federal Law

Title VII of the Civil Rights Act of 1964 is a federal law prohibiting sexual orientation and transgender discrimination in employment. This law applies to employers with 15 or more employees.

On June 15, 2020, the Supreme Court of the United States issued its landmark decision in Bostock v. Clayton Cty, Georgia. The Court ruled the Title VII prohibition on sex discrimination includes discrimination based on sexual orientation or transgender status.

Colorado Law

The Colorado Anti-Discrimination Act prohibits discrimination because of an individual’s sexual orientation or transgender status.

This Act prohibits discrimination in the private sector and state and local government. Unlike Title VII, this Colorado law applies to employers of any size.

Because of Sex

Federal and Colorado law prohibits employers from taking adverse actions because of an individual’s sex, and this prohibition bars sexual orientation and transgender discrimination. An employer cannot take actions because of:

• The sexual orientation or transgender status of an individual.
• Sexual stereotypes, such as assumptions or traits.
• The prejudice of a person’s co-workers.
• The prejudice of the employer’s customers, vendors, or clients.
• A person’s association, relationship, or marriage with an individual based on sex, including sexual orientation or transgender.

Discriminatory Adverse Actions

Employers may not take adverse actions against employees or applicants because of sex, including sexual orientation or transgender, including:

• Failure or refusal to hire.
• Discharge.
• Layoff.
• Demotion.
• Adverse promotion or job assignment decisions.
• Actions harming a person’s opportunities, terms, privileges, and employment conditions.

Retaliation

Federal and Colorado laws prohibit employers from discriminating against individuals through retaliation because they engaged in a protected activity concerning sex discrimination, including sexual orientation and transgender status.

Protected activity includes but is not limited to filing a charge of sex discrimination with the employer or filing a discrimination charge with a federal or state government agency, or participating in an investigation of a discrimination complaint.

Harassment/Hostile Work Environment

Sexual harassment based on sexual orientation or transgender status is unlawful sex discrimination.

Sexual harassment is actionable when the conduct is unwelcome and sufficiently severe or pervasive to alter employment conditions and create an abusive or hostile work environment, such as an environment permeated with offensive sexual slurs.

Conclusion

Murray Law welcomes the opportunity to provide dedicated legal counsel and representation to any person denied the right to be free from sexual orientation or transgender discrimination. Please contact Steven Murray at 720-600-6642.