U.S. House Passes Equality Act Expanding Federal Protections to LGBTQ Employees
The Unites States House of Representatives recently passed the Equality ActFN1, which expands employment protections to LGBTQ employees under Title VII of the Civil Rights Act (“Title VII”).
Under the Equality Act, Title VII would be amended to explicitly protect employees from discrimination based on their sexual orientation or gender identity. Many states, including Colorado,FN2 currently have state laws that protect against sexual orientation and/or gender identity discrimination. The Equality Act would now provide those protections under federal law.
Takeaway
If the Equality Act becomes law, passage of this Act will provide greater protections to LGBTQ employees in employment decisions, such as hiring, firing and discipline. However, a fight in the United States Senate over the Equality Act is anticipated, particularly given that the Act bans invoking the Religious Freedom Restoration ActFN3 as a defense against discrimination claims. Campbell Litigation will continue to monitor the Act’s progression and provide updates on its status.
FN1 – H.R.5 (2021-2022). See https://www.congress.gov/bill/117th-congress/house-bill/5
FN2 – See The Colorado Anti-Discrimination Act, C.R.S. 24-34-401, et seq.
FN3 - The Religious Freedom Restoration Act of 1993, U.S.C. § 2000bb - § 2000bb-4 is a United States federal law that "ensures that interests in religious freedom are protected."