Lesbian Gay Bisexual and Transgender Workers Adrift In A Sea Of Change
Since the Supreme Court’s decision in King v. Burwell, there have been several new developments in workers’ protections in the workplace. Namely, protection from discrimination for sexual orientation based upon such things as religious freedom.
The Equality Act Introduced
Federal legislation was introduced to the Senate and House which extends protections for LGBT employees against discrimination, an issue that only 19 states (so far) have incorporated into their current statutes. This means that, for the other 31 states, much is about to change. One item of note in the Equality Act is that the Religious Freedom Act may not be used to justify discrimination on any employee based upon sexual orientation. This is suspected to be a response to a select few businesses who claim religious freedom to refuse service to gay or lesbian customers.
Trends Are Shifting in Federal Courts
The Equal Employment Opportunity Commission (EEOC) recently ruled in favor of an air traffic controller who claimed he was passed over for a promotional opportunity based upon his sexual orientation. This ruling is a reversal of the EEOC’s first response to dismiss the claim. The EEOC cited that, under Title VII protection, discrimination based upon sex is prohibited.
Class Action Suit Filed Against Wal-Mart
Once again, Wal-Mart is in the news for employees’ rights claims. The Gay & Lesbian Advocates & Defenders are filing suit against the retail giant for allegedly discriminating against LGBT employees by way of benefits package offerings. An employee who is married to a same-sex partner was denied coverage for her partner’s cancer treatments in 2012 amounting to over $150,000 because Wal-Mart did not recognize the legality of her marriage. Wal-Mart has since changed their policy (in 2014) to cover spouses of the same sex, but the suit alleges that Wal-Mart should have covered the claim prior to their policy change, per the Supreme Court’s ruling, protecting her under Title VII.
A New Era in Employee Benefits For LGBT Workers
Employees should be based upon performance, not sexual orientation. The latest findings by EEOC and the Supreme Court suggest that protections for LGBT workers is not only becoming prevalent, but expanding. Employers must react accordingly if any claims are brought before them or face legal action for allowing discrimination to exist in the workplace.
Facing Discrimination in The Workplace? Contact an Employment Lawyer Today
Employment laws in Pennsylvania, including stipulations for Workers’ Compensation claims, are extremely complex. Like any government funded program, there is a mountain of legislation and miles of red tape to be navigated when filing a claim for employee protection or workers’ compensation. As experienced Pennsylvania Workers’ Compensation attorneys, we meet a lot of people who were injured at work or on the job, and now face time away from work while they heal from their work-related injury.
While away from work, the employee is not earning a paycheck and medical bills begin piling up, adding pressure to an already tense situation. We understand what they are going through, and we are here to help them avoid the pitfalls that can damage a claim to workers’ compensation benefits.
Put our experience to work for you to avoid any delays or a denial of your claim. If your claim has been denied, don’t give up, we can help you with an appeal.
Injured So Severely That You Can No Longer Work? Talk To a Disability Lawyer Today About Filing For Social Security Benefits
What is Regarded as a Disability?
In order for any serious injury to be constituted as disabling, the injury must meet the Social Security Office’s medical standards. The workers’ condition must prevent the employee from performing his/her normal job and be expected to be permanent or to last at least 12 months. Injuries can include any physical or mental (psychological) ailments that can be verified by medical means.
Listing of Impairments By The Social Security Office
The Social Security office has devised an injury evaluation system, and posted a list of impairments on their website which is used as a guide to determine if an injury is considered disabling. If your injury meets the conditions listed on that page, you have a very good chance at qualifying for disability benefits. That said, there is still a mountain of paperwork to be filed, in a very specific order, at very specific times, in order for your disability claim to be approved. As Pennsylvania Social Security disability lawyers, we handle these situations all the time. Put our experience to work for you and get the benefits you deserve.