Are sexual orientation and gender identity protected by employment law?
In Indiana, sexual orientation and gender identity are not explicitly covered under state employment law. However, protection from discrimination based on sexual orientation and gender identity can be found in some federal laws, including Title VII of the Civil Rights Act of 1964. Title VII makes it illegal for employers to discriminate against employees and job applicants based on their gender, including transgender status. It is also illegal for employers to treat employees differently because of their gender identity or sexual orientation. Additionally, the Equal Employment Opportunity Commission (EEOC) interprets Title VII to provide protection against discrimination on the basis of gender identity and sexual orientation. In addition to federal laws, some cities in Indiana have passed local ordinances which explicitly prohibit discrimination based on sexual orientation and gender identity, including Indianapolis, Bloomington, and Carmel. Therefore, while sexual orientation and gender identity are not explicitly covered under state employment law in Indiana, employees can find protection from discrimination on the basis of these characteristics in both federal law and local ordinances. It is important for employers to be aware of the laws that exist to ensure they are not violating the rights of their employees.
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