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Judge Lee Rosenthal: LGBT Federal Job Protections Apply

Judge Lee Rosenthal: LGBT Federal Job Protections Apply

A demonstrator waves a rainbow flag in front of the US Capitol in Washington on Oct. 11, 2009. (Maria Belen Perez Gabilondo/AFP/Getty Images)

By    |   Wednesday, 11 April 2018 09:39 AM EDT

Judge Lee Rosenthal ruled that LGBT workers are protected from discrimination in the workplace by the same federal job protections that guard against gender discrimination.

The decision, which came during a court case in which a woman claimed to have been passed over for a position because she was transgender, marks the first time a Texas federal judge said LGBT workers cannot be discriminated against under current legislation, The Hill reported.

Rosenthal dismissed Nicole Wittmer's claims that she was not hired by an energy company because she was transgender, stating that the claim could not be proved.

However, the judge noted that Wittmer would have cause to sue should she be able to provide substantial proof.

Wittmer's lawyer Alfonso Kennard Jr., told The Dallas Morning News they were disappointed about the ruling but that there was also hope.

"The silver lining here is it has helped to define the landscape for people who have been discriminated [against] in the workplace due to their transgender status," he said.

Title VII prohibits sex discrimination in the workplace and in several states, this now includes lesbian, gay, bisexual and transgender workers, who are protected under the legislation.

However, in Texas the prohibition of employment discrimination based on sexual orientation or gender identity does not extend to LGBT.

The recent ruling could mark a turning point, said Chuck Smith, the CEO of Equality Texas, a non-profit campaigning for equal rights for the LGBT community.

In a statement he noted that the ruling was "the latest to acknowledge that Title VII's prohibition against discrimination on the basis of sex is broad enough to include discrimination based on the employee's sexual orientation or gender identity."

Smith added that LGBT workers "just want the chance to earn a living and provide for their families on the same basis as their co-workers."

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TheWire
LGBT workers are protected from discrimination in the workplace by federal law that guards against gender discrimination, Judge Lee Rosenthal ruled.
judge, lee rosenthal, lgbt, protections
305
2018-39-11
Wednesday, 11 April 2018 09:39 AM
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