In a landmark decision this summer, the U.S. Supreme Court ruled that a 1964 civil rights law clearly protects gay and transgender workers. The ruling makes it illegal for employers nationwide to fire workers for being gay, bisexual or transgender.
Significantly, though such discrimination already was illegal in California (as well as in 21 other states), victims now can bring lawsuits in both state and federal court.
“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender,” the opinion states. “The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision — exactly what Title VII (of the Civil Rights Act of 1964) forbids.”
And the court didn’t give employers any wiggle room to drum up additional reasons to cover for firing a homosexual or transgender worker. If the person wouldn’t have been fired apart from sex, liability attaches.
“There is simply no escaping the role intent plays here,” the ruling reads.
Harassment and retaliation against protected workers for asserting those protections also are illegal, and it’s illegal to withhold opportunities from protected workers solely based on sex. That includes factors such as pay, employment terms and job perks — not simply hiring and firing.
Attempting to right the wrongs: Remedies
Federal law aims to restore victims of discrimination to nearly the same position as if the discrimination had not occurred, such as providing back pay and benefits, the desired job/promotion or whatever most directly resolves the discrimination. Employers also must stop any discriminatory practices and guard against their recurrence.
On top of that, a judgment could cover attorney and court costs, as well as tack on compensatory and punitive damages when there is intentional and malicious/reckless discrimination.
Compensatory and punitive damages have caps based on an employer’s size:
- $50,000 if the company has 15-100 employees.
- $100,000 for 101-200 employees.
- $200,000 for 201-500 employees.
- $300,000 for more than 500 employees.
California law includes many of the same remedies, including past lost earnings, future lost earnings, hiring or reinstatement, promotion, out-of-pocket expenses, policy changes, training, reasonable accommodations, damages for emotional distress, punitive damages, and attorney’s fees and costs. However, state law doesn’t explicitly limit compensatory and punitive damages.
No person should ever have to face discrimination, harassment or retaliation. For victims, it can be difficult to know where to turn. If you need help, Keller Grover provides free consultations. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members.