\n<\/div><\/div>\n<\/div>\n<\/div>\n

By John Lord Jr.<\/div><\/div>\n

A Supreme Court ruling that sex discrimination includes LGBTQ now applies to housing \u2013\u00a0and the Fla. Commission on Human Relations says it will investigate complaints.<\/span><\/span><\/p>\n<\/div>\n

ORLANDO, Fla. \u2013 When the U.S. Supreme Court ruled last year (in the \u201cBostock\u201d case) that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and transgender status, many predicted the ruling would extend to other anti-discrimination laws in areas such as housing, health care, education and public accommodations. Those predictions are becoming reality.<\/span><\/span><\/p>\n

Your business should already have in place anti-discrimination policies, training and practices for employees. As discussed below, depending on what type of business you have, you need to also consider anti-discrimination policies and practices for other areas \u2013 such as for tenants or homebuyers, patients, students, consumers and others who use your business\u2019s services.<\/span><\/span><\/p>\n

Various federal and state laws prohibit discrimination based on \u201csex.\u201d In its ruling last year addressing Title VII, the Supreme Court held that \u201csex\u201d also includes sexual orientation and gender identity or expression. Though the Supreme Court has not yet definitively ruled that other statutes that use the term \u201csex\u201d also prohibit sexual orientation and gender identity\/expression discrimination, other courts, agencies and even the president have made such determinations.<\/span><\/span><\/p>\n

As one of his first acts, President Biden issued an executive order to combat discrimination against LGBTQ people in health care, housing and education. The executive order stated:<\/span><\/span><\/p>\n

In Bostock \u2026 the Supreme Court held that Title VII\u2019s prohibition on discrimination \u201cbecause of . . . sex\u201d covers discrimination on the basis of gender identity and sexual orientation. Under Bostock\u2019s reasoning, laws that prohibit sex discrimination \u2013 including Title IX of the Education Amendments of 1972, \u2026, the Fair Housing Act, \u2026 and section 412 of the Immigration and Nationality Act \u2026 \u2013 prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.<\/span><\/span><\/p>\n

Courts and administrative agencies have been following suit. For example, the federal court of appeals that covers Alabama, Florida, and Georgia recently held that Title IX, prohibiting sex discrimination in education, also covers sexual orientation and gender identity\/expression. In that case, the court ruled that a school\u2019s policy barring a transgender male teenager from using the men\u2019s bathroom of his high school violated the sex discrimination provisions of Title IX.<\/span><\/span><\/p>\n

Similarly, the Florida Commission on Human Relations recently announced that it will accept and investigate claims based on gender identity\/expression or sexual orientation in employment and public accommodations and investigate housing violations based upon sex discrimination due to nonconformity with gender stereotypes.<\/span><\/span><\/p>\n

If you are a hospital or health system, remember your LGBTQ patients. If you are a home builder or landlord, remember your LGBTQ purchasers or tenants. If you run a school, remember your LGBTQ students. If you are none of the above but you hold yourself out to the public, remember your LGBTQ consumers. Ensure that your policies and practices prohibit sexual orientation and gender identity\/expression discrimination.<\/span><\/span><\/p>\n

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.<\/span><\/span><\/p>\n

Copyright \u00a9 Mr. John Lord, Jr., Foley & Lardner. 111 North Orange Avenue, Suite 1800, Orlando, 32801. Originally published by Foley & Lardner, February 2021.<\/span><\/span><\/p>\n<\/div><\/div>\n

Go to Source<\/a>
\nAuthor: kerrys<\/p>\n","protected":false},"excerpt":{"rendered":"