LGBT Rights in the Workplace Challenged by Trump Administration

In spite of inroads made for equality for LGBT workers and same sex couples under the Obama Administration, the battle over whether or not companies can discriminate against workers based on their sexual preference may be soon put to the test soon.

The Trump Administration’s Attorney General, Jeff Sessions, who is now at the helm of the United States Department of Justice, has filed papers this past week which argue that Title VII of the Civil Rights Act of 1964 does not protect homosexual workers from being fired from jobs within the public sector.

According to a news story on, this issue is certain to be in the headlines over the coming months.  One of the stories that is being closely followed is the lawsuit that has been filed by the EEOC against bill collection agency, Malcolm S. Gerald & Associates. The suit alleges sexual orientation discrimination under Title VII of the Civil Rights Act.

A second story is regarding the Senate confirmation hearings for the nominations of Janet Dhillon and Daniel M. Gade who are to serve as EEOC Commissioners. The nominees were questioned as to whether they believe Title VII of the Civil Rights Act also covers sexual orientation discrimination. The US Supreme Court is set to hear both sides on the case this fall.

The stance of the Trump DOJ versus that under the Obama Administration is in stark contrast with each other. While claiming to be a friend to the LGBT community, the DOJ of the Trump Administration has taken a far more Conservative stance on the matter.

Over the past few years, many companies made it a point to include LGBT workers when crafting their diversity policies. These policies forbidding any type of bias or discrimination based on gender, national origin, race, sexual orientation were also laid out into employee manuals and hiring. Earlier this year, we reported that both younger and older workers prefer a workplace culture that is one of inclusion.  Polarizing political opinions has created a great deal of anxiety both inside the workplace and society as a whole. Companies and organizations will need to pay close attention to this issue over the coming months as well as their own organization’s culture.

At NetPEO, we are committed to meeting all of your Human Resource needs. We can conduct a needs assessment specifically tailored to your organization. An assessment of these needs can help to better understand what your company’s current requirements are.

We offer a full range of human resource services including employee leasing services, payroll and benefits management as well as keeping you informed and compliant with all federal, state and local legislation that can have an effect on your operation so you can focus on the important aspects of your business. Contact us today to find out how we can help.