States With No Legal Protections for LGBT: Our National Experiment

The AP reports that another local government employee has been fired after undergoing male to female gender transition. In this case, a local fire chief was fired for and alleged “lack of performance.” The firing occurred about 18 months after the transition was complete and the chief was openly working as a woman.

Twenty-eight U.S. states have no laws to prohibit workplace discrimination against LGBT employees. A few cities and counties offer protection, leaving Title VII of the Civil Rights Act as the only possible source of protection against discrimination for most affected people.

The Supreme Court is considering whether the Civil Rights Act cover sexual orientation and gender identity discrimination complaints. AP comments:

Only 21 states have their own laws prohibiting job discrimination based on sexual orientation or gender identity. Wisconsin outlaws discrimination because of sexual orientation but doesn’t protect transgender workers. And fewer than 300 cities and counties have local ordinances protecting LGBT workers, according to an advocacy group.

“If the Supreme Court sides against LGBT employees, it means they have to be really cautious and careful about living their lives openly and proudly,” said Jillian Weiss, a New York attorney who focuses on LGBT discrimination cases. “They may encounter a lot of discrimination, and there may not be anything they can do about it.”

The fired fire chief's life has spiraled down. AP writes:

Mosby said being jobless left her in financial straits. The public humiliation of her firing further strained relationships with her family, already stressed following her transition. “I’ve lost my family, I’ve lost my house,” Mosby said. “Now I’m living with friends that keep a roof over my head and food in my stomach, so I’m not having to live in my car. It’s been utterly devastating.”