Civil rights guarantee equal social opportunities and protection from unfair treatment -in various areas such a public accommodations, employment, education or housing - regardless of religion, race, sex or nationality. The Civil Rights Act of 1964 contains, among others, the right to vote, to use public facilities, a right to get fair trial, and the right to government services. The ACT protects citizens from discrimination, but, it does not cover all groups of people in America. This paper analyses lesbian, gay, bisexual, and transgender (LGBT) as a group whos Civil Rights are not fully protected by legislation and the various laws that can protect the group from discrimination.
America has evolved to a nation that embraces equality for all its citizens; however, discrimination persists in various forms by denying fundamental rights to LGBT. The LGBT group continue to be denied their rights particularly at the workplace. Although the title VII of Civil Rights Act of 1964 provides laws that protect employees from discrimination at work, it does not consider LGBT. It outlaws employment discrimination by color, race, sex, religion or nationality, but does not mention rights concerning sexual freedom of the LGBT community.
Civil Rights do not prohibit discrimination by sexual orientation. With the recent announcement by President Donald Trump of banning transgender people from serving in the military, it indicates the high level of discrimination in the country. Moreover any legislative attempts to amend title VII of the civil rights act, by adding the phrase "sexual preference" have been unsuccessful. Nonetheless, different laws that protect the LGBT can be formulated.
In various states, no laws are ruling out discrimination against LGBT Individual. Title VII of the 1964 Civil Rights Act should be interpreted to cover all groups of people, including the LGBT. The title should also be integrated to encompass discrimination directed at a male employee because they are perceived to be "effeminate." Everyone should be free to disclose their sexual preference without fear of being fired or differentiated from their colleagues. It should be an unlawful practice for an employer to refuse hiring or discriminating against a transgender individual concerning their employment privileges or their terms and conditions. Employers should also avoid segregating employees in ways that negatively affect their status as employees because of their sexual orientation. Moreover, failure of an employee or an employment agency to refer an individual based on their sexual orientation should be unlawful.
Additionally, it should be unlawful for labor organizations or joint labor-management committee to expel or exclude a person from its membership or apprenticeship and other training programs because of their sexual choices. Labor organizations should not classify its membership in ways which limit a person from getting a job opportunity or limits their chance as an applicant for employment because they are a member of LGBT group. Consequently discriminates against LGBT individuals should be tried and prosecuted as a violator of the law.
In conclusion, for over fifty years after the 1964 Civil Rights Act was passed, courts have held that transgender persons should be protected under Title VII. There are still no laws that fully protect LGBT employees, and, it is evident that Congress did not consider them while formulating Title VII. To attain the desired level of equality, federal statutes should address the issue of employment discrimination on the basis gender identity or sexual orientation.
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