New York residents may be aware of former President Barack Obama's progressive policies toward the LGBTQ community. In July 2014, he signed Executive Order 13672, which forbid federal contractors from discrimination based on gender identity and sexual orientation. However, the election of Donald Trump has called into question whether or not that order would be overturned. The White House press secretary said that he wasn't sure if Trump would undo the order when asked by a reporter.
According to the director of the Human Rights Campaign Government Affairs, there is a belief that both government and private employers will hire the best person for a job. It is also a belief that the government isn't necessarily wrong in taking steps to ensure equality for everyone looking for work. According to the Williams Institute, the order applied to 28 million workers.
Of those 28 million, 11 million had no legal protection either from a state law or corporate policy against discrimination before the order was issued. If the order is overturned, it doesn't mean that those who face discrimination have nowhere to turn. They may be able to file sexual orientation and gender identity discrimination claims under Title VII of th eCivil Rights Act of 1964. According to the EEOC, it would fall under Title VII's ban on sex discrimination, and some federal courts have agreed with that interpretation.
Those who believe that they have been the victim of employment discrimination may wish to talk with an attorney. It may be possible to establish either through direct statements by employers or indirect evidence that an individual was denied employment opportunities based on that person's sex or gender. If a claim is successful, a worker may be entitled to back pay or other financial relief as well as reinstatement to his or her former position.