Have you been discriminated against in the workplace because of your sexual orientation? Title VII of the Civil Rights Act of 1964 (Title VII) includes includes protections against employment discrimination against an individual on the basis of sexual orientation or transgender status — even if they are heterosexual.

A straight, heterosexual Ohio woman who is currently suing the Ohio Department of Youth Services for allegedly promoting a lesbian woman instead of her. The U.S. Supreme Court is set to hear the case in its current term.

Marlean Ames, who worked for the department for 20 years, contends she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the position she held were given to LGBTQ people.

Ames applied for a promotion in 2019, did not receive it, was demoted, and her position was then given to a gay man. Ames had worked for the department since 2004, and is suing under Title VII of the Civil Rights Act, which bars sex discrimination in the workplace. The state says Ames was demoted because new leadership in the agency wanted to restructure its operations.

The Cincinnati-based 6th U.S. Circuit Court of Appeals and other lower courts all ruled in favor of the state agency, but Ames is now turning to the Supreme Court. Her lawyers say their main argument to be heard in front of the justices is a precedent in some lower courts that says people from a “majority group” must meet a higher bar for their case to move forward than someone from a minority group. The state responded with a court filing saying Ames failed to show she had been discriminated against.

Moving forward, the Court’s ruling in this case will have a significant impact on employees and employers across the country, and how the law will be applied thereafter.

LGBTQ+ sex discrimination cases

In 2020, the U.S. Supreme Court issued a landmark decision Bostock v. Clayton County, which held that the prohibition against sex discrimination in Title VII.

In this case, according to the U.S. Equal Employment Opportunity Commission (EEOC), three instances alleging discrimination against LGBTQ+ workers was decided together by the Supreme Court in a single opinion.

Gerald Bostock, a child welfare services coordinator, was fired after his employer learned he had joined a gay softball league. Donald Zarda, a skydiving instructor, was fired after his employer learned he was gay. And in a case filed by the EEOC, funeral director Aimee Stephens was fired after her employer learned that she was going to transition from male to female.

In deciding these cases, the Supreme Court held that employment discrimination based on sexual orientation (Bostock and Zarda) or transgender status (Aimee Stephens) is discrimination “because of sex,” and is therefore unlawful under Title VII.

Title VII

Title VII protects job applicants, current employees (including full-time, part-time, seasonal, and temporary employees), and former employees, if their employer has 15 or more employees. Employers with fewer than 15 total employees are not covered by Title VII.

Title VII protects employees regardless of citizenship or immigration status, in every state, the District of Columbia, and the United States territories.

Title VII includes a broad range of protections. Among other things, under Title VII employers cannot discriminate against individuals based on sexual orientation or gender identity with respect to:

• hiring;
• firing, furloughs, or reductions in force;
• promotions;
• demotions;
• discipline;
• training;
• work assignments;
• pay, overtime, or other compensation;
• fringe benefits; or
• other terms, conditions, and privileges of employment.

If you have been discriminated against in the workplace due to your sexuality, consulting with an experienced Tully Rinckey attorney can make all the difference. A skilled attorney can guide you through the stages of filing a claim, protect your interests, and fight to get you the best possible outcome in your case. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

Michael C. Fallings focuses his practice on federal sector labor and employment law. Mike has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also has experience negotiating settlement agreements on behalf of federal employees.