LGBT Discrimination Lawyer in Memphis

Employee-Side Representation for Workplace Discrimination

We represent employees who’ve experienced workplace discrimination because of their sexual orientation or gender identity. At Donati Law, PLLC, our employment lawyers advocate for workers, not employers, when workplace decisions or conduct may violate their rights.

Our employment law practice includes:

• Sexual harassment
• Wrongful termination
• Retaliation
• Other forms of workplace discrimination

We’ve provided legal representation since 1980. That history informs how we evaluate workplace disputes while recognizing that every employee brings a different experience, workplace, and set of concerns.

Call (901) 209-5500 to discuss sexual orientation or gender identity discrimination with our employee-side employment lawyers.

Federal Protections for Sexual Orientation & Gender Identity

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of sex. In 2020, the United States Supreme Court held in Bostock v. Clayton County that firing an employee for being gay or transgender violates the statute. The decision confirmed that the law’s prohibition against sex discrimination encompasses sexual orientation and gender identity discrimination.

The Court reasoned that an employer can’t remove an employee’s sex from the analysis when penalizing that person for being attracted to a particular sex or identifying as a gender different from the sex assigned at birth. Although Bostock concerned termination, federal protections can also apply to other employment decisions and discriminatory workplace conduct.

R.G. & G.R. Harris Funeral Homes v. EEOC was decided alongside Bostock. It involved a transgender employee who was fired after informing her employer that she was transitioning. Together, the decisions established an important federal foundation for workers confronting discrimination based on sexual orientation or gender identity.

LGBT Workplace Protections in Memphis & Tennessee

The Tennessee Human Rights Act lists race, creed, color, religion, sex, age, and national origin as protected categories. It doesn’t expressly list sexual orientation or gender identity, and Tennessee doesn’t provide statewide statutory employment nondiscrimination protection based specifically on either category.

The City of Memphis has adopted an employment nondiscrimination policy that includes sexual orientation and gender identity. The policy applies to City of Memphis government employees, not private-sector employees working in Memphis. Keeping these sources of protection separate is important when determining which law and process may apply.

Private-sector workers can rely on the federal Title VII protections confirmed by Bostock when the law covers their circumstances. The available path depends on the facts, the employer, the conduct involved, and the applicable law.

EEOC Charges & Employment Discrimination Lawsuits

An EEOC charge is an administrative filing submitted to the Equal Employment Opportunity Commission. It’s distinct from a lawsuit filed in court, although the two may be connected as parts of an employment discrimination claim. The appropriate course depends on the worker’s circumstances and the legal requirements governing the claim.

Early legal guidance can help an employee identify relevant workplace decisions, communications, complaints, and employer responses. We evaluate disputes from the employee’s perspective and consider how the reported conduct fits within the protections that may apply.

Discuss Your Workplace Discrimination Concerns

A confidential discussion with our employment lawyers gives you an opportunity to explain what happened and identify issues that may require closer review. You don’t need to determine whether the conduct meets every element of a legal claim before contacting us.

Our attorneys have more than 150 years of combined experience across the firm’s legal practice. We bring that longstanding background to our representation of employees facing workplace disputes.

Contact Donati Law, PLLC about potential LGBT workplace discrimination at (901) 209-5500 or through our contact form.