LGBTQ+ Worker Rights

Every worker deserves a safe and respectful job site. Federal law protects gay, lesbian, bisexual and transgender workers from discrimination and harassment because of sex, and many states and cities add more protection.

• All Workers
• Employers
• Supervisors

Federal protection

• Title VII of the Civil Rights Act bans employment discrimination because of sex by employers with 15 or more employees. In Bostock v. Clayton County (2020) the Supreme Court held that firing someone for being gay or transgender is discrimination because of sex.
• The law covers hiring, firing, pay, promotion, training, job assignments and other terms of work, and it bans harassment that is severe or pervasive, and retaliation for complaining.
• Federal contractors and some federal employees have additional protections.
• Agency guidance and court cases on issues like restrooms, pronouns and dress codes continue to develop, so check the current EEOC guidance.

State and local laws

Many states and cities have their own laws that cover sexual orientation and gender identity, and they sometimes apply to smaller employers. Some places offer fewer protections. Check your state civil rights agency. See Discrimination & Harassment.

Examples of illegal conduct

• Refusing to hire, firing or demoting because of orientation or gender identity
• Slurs, jokes, threats, graffiti, outing someone, or hazing on the site
• Unequal treatment in assignments, pay, overtime or safety gear
• Retaliation against someone who complained or helped a coworker

Harassment is also a safety issue. Hazing and isolation can lead to dangerous situations, such as being left alone or unequipped. See Jobsite Etiquette.

If you experience discrimination or harassment

1. Write down what happened: dates, times, who, witnesses, and keep any messages or photos.
2. Use your employer's complaint process or tell a supervisor, HR or your union steward, if safe.
3. File a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days where a state or local agency enforces a similar law) of the act. Call 1-800-669-4000 or go to eeoc.gov.
4. You can also file with your state or local civil rights agency.
5. Do not be afraid to ask for help. Retaliation is illegal.

Support

• Union locals and some contractors have equity or diversity committees
• Legal aid and LGBTQ+ legal organizations may provide free advice
• If you are in crisis, call or text 988. See Suicide Prevention
• Employers should train supervisors, set clear policies and respond promptly

Last updated: October 8, 2026