Can Employers Discriminate Based On Sexual Orientation And Gender Identity?

Meagan Hunter worked at Chili’s in Phoenix, Arizona for nearly two years when she was encouraged to apply for a new management training program. Meagan was excited as this promotion would come with a significant raise, meaning she could buy her first home.

During her employment at Chili’s, she had worked in several positions including cook, expediter, host, and server. As a server, she received great customer reviews. She attended a seminar related to her promotion and wore an outfit similar to many male managers she’d worked with; a button-up shirt and fitted slacks.

However, after the seminar, Meagan learned the district manager had labeled her outfit as “inappropriate”. Meagan applied for the promotion anyway and was offered the position with one catch; she had to “dress more gender appropriate.” Meagan realized she could never excel at a company that didn’t allow her to be who she was, so she ended up leaving her position.

After leaving Chili’s, Meagan learned the district manager had also told co-workers that he did not hire her as a bartender because he “didn’t want a gay girl behind the bar.”

This is just one example of wide-spread discrimination experienced by LGBTQ employees nation-wide. LGBTQ employees have limited employment protections under federal and Virginia law. However, the Equal Employment Opportunity Commission (EEOC) and some federal circuit courts are working to change that.

EEOC, 2nd, 6th, and 7th Circuit Hold: Sex Discrimination Includes Sexual Orientation

Title VII of the Civil Rights Act of 1964, more commonly referred to as Title VII, bars discrimination based on sex, race, color, religion, and national origin. You’ll notice sexual orientation and gender identity are missing from that list.