Atlanta Lesbian, Gay, Bisexual, Transgender, Queer, Intersexual, and Asexual (LGBTQ+) Discrimination Attorneys
Fighting for Georgia employees when employers discriminate based on sexual or gender identities
Atlanta is home to a large LGBTQ+ community. Each year, Atlanta hosts one of the longest running Pride festivals in the country, inclusive of a Pride parade. There are laws and court decisions that now protect LGBTQ+ residents of Atlanta from employment discrimination, housing discrimination, healthcare discrimination, and other types of discrimination. The laws and court rulings are evolving as the country begins to fully understand that everyone, regardless of sexual orientation and gender identity, has a right to do their job, love, marry, and be contributing members of local communities and the country without fear of discrimination.
But change, as we know, can be slow to come. And even now, there is legislation making its way through states across the country that would deny you your civil rights simply because of you who are.
At Buckley Bala Wilson Mew LLP, we believe that everyone should be treated equally and respectfully. Our Atlanta LGBTQ+ attorneys are ready to explain the laws that protect you when you suffer discrimination or harassment and the requirements for filing a discrimination complaint. We will be your advocate at every step.
This was my first time having to seek legal counsel on an employment issue so I was a bit nervous about the process. I was referred to Ed Buckley by a friend I respect and trust, and one that has over 20 years of experience in law. Mr. Buckley made the process much less intimidating for me. Many thanks to Mr. Buckley and team for helping me. I'd definitely hire them again. – Google review
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How can we help?
- Why should I choose the attorneys of Buckley Bala Wilson Mew LLP to help me?
- What federal laws protect LGBTQ+ residents of Atlanta?
- What employer conduct is considered discriminatory?
- How do your Atlanta employment attorneys help with LGBTQ+ discrimination claims?
- What damages are available in an LGBTQ+ discrimination case?
- Do you have an employment attorney near me?
Why should I choose the attorneys of Buckley Bala Wilson Mew LLP to help me?
Buckley Bala Wilson Mew LLP has been at the forefront of LGBTQ+ rights for years. Partner Thomas J. Mew IV was the attorney for the plaintiff in a landmark gay rights case, Bostock v. Clayton County, Ga., in which the US Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on sexual orientation or gender identity – including being gay or transgender. The Supreme Court decision overturned lower court rulings that held that the Civil Rights Act does not apply to discrimination based on sexual orientation. The Bostock case was heard along with two other related cases.
“For a case that started out about what happened to Gerald [Bostock] the individual and us trying to make that right, it certainly became much bigger than that,” attorney Tom Mew said, also giving credit to Donald Zarda and Aimee Stephens, the plaintiffs in the other two cases that prompted the Supreme Court decision.
When we say we fight for the LGTBQIA community, we mean it. We believe in the promise of equality, and we still stop at nothing to achieve it.
What federal laws protect LGBTQ+ residents of Atlanta?
Some of the laws and court decisions that protect LGBTQ+ members include the following:
- The US Constitution, which promises equal protection of the laws
- Title VII of the US Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- The Fair Housing Act
- Section 412 of the Immigration and Nationality Act
The Supreme Court decision of Obergefell v. Hodges ruled that Constitution’s Fourteenth Amendment’s due process clause and equal protection clause guarantees that same-sex couples have the fundamental right to marry.
Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation states that:
Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.
Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals focuses on protective action that the Secretary of Education, the Secretary of HHS, the Federal Trade Commission, the Secretary of State, and others should take to ensure LGBTQ+ members are treated fairly and equally.
Georgia’s laws
Georgia has permitted same-sex marriage since 2015 due to the Obergefell ruling. Georgia’s hate crime laws, as of June 26, 2020, include hate crimes based on sexual orientation.
Georgia’s laws and court decisions also provide protections for the LBGTQIA community regarding issues such as:
- Child custody and visitation
- Health insurance for domestic partners
- Employee benefits, retirement benefits, and death benefits
- Health benefits
- HIV/AIDS
- The military
What Georgia does not do, however, is have state laws that protect LGBTQ+ employees equally. In fact, many of those rights are currently under fire. Buckley Bala Wilson Mew LLP is proud to fight back on behalf of the LGBTQ+ community in matters involving employment discrimination as well as other forms of discrimination.
What employer conduct is considered discriminatory?
Our Atlanta employment law attorneys represent LGBTQ+ employees and applicants who suffer discrimination in the workplace. Discrimination includes any adverse employment decision based on a protected status. Adverse employment decisions can include being:
- Denied a job based on your status
- Fired due to your status
- Denied a promotion due to your status
- Denied workplace opportunities such as training and education due to your status
- Suffering harassment at work due to your status – especially if the harassment creates a hostile work environment
- Treated differently than non-LGBTQ+ employees
Discrimination in the workplace also includes discrimination because you have friends or family who are LGBTQ+. Federal anti-discrimination laws require that company policies be uniform. Employers, for example, cannot deny you the right to display a photograph of your same-sex spouse if photographs of opposite-sex spouses are permitted.
Employers can also be liable for violating your civil rights if they retaliate because you asserted your rights or supported another employee who asserted their rights.
How do your Atlanta employment attorneys help with LGBTQ+ discrimination claims?
Please contact our Atlanta LGBTQ+ attorneys as soon as possible if you suspect you are being discriminated against or harassed at work due to your status. We’ll explain your rights and duties including when and how you should report the discrimination/harassment within the company.
If the best option forward for you is filing a civil complaint in court, we will use the formal discovery process to obtain the evidence from the employer that supports your complaint such as job performance reviews, company policies, treatment of other workers, and many other records and responses. We’ll also explain what evidence you can obtain on your own while you’re still working with your employer.
What damages are available in an LGBTQ+ discrimination case?
We seek all the damages that federal and state law permit. The damages will depend on the type of adverse employment action taken against you, and may include compensation for:
- Any humiliation and emotional distress
- Any financial losses including wages, health insurance, retirement benefits, and benefits lost due to a loss of seniority
- Any financial losses due to the cost to look for a new job and the wages and benefits lost until you can find a new job
You may also be entitled to statutory damages and punitive damages. Your employer may also be ordered to take steps to ensure future discrimination against LGBTQ+ members does not occur again.
Do you have an employment attorney near me?
Buckley Bala Wilson Mew LLP is located at 600 Peachtree St. NE, Suite 3900, in Atlanta. We also conduct phone and video consultations by appointment, and proudly serve clients throughout Georgia, including in Athens, Augusta, Columbus, Gainesville, Macon, Marietta, and Savannah.
Our Atlanta LGBTQ+ discrimination lawyers how deeply upsetting it is to be treated differently just because of who you are. We fight to ensure that the laws that protect you are followed and that you are fully compensated for your damages.
Speak with our Atlanta LGBTQ+ discrimination attorneys today
The rights of the lesbian, gay, bisexual, transgender, queer, intersexual, and asexual community need to be protected. You shouldn’t be denied a job, healthcare, housing, or any other of life’s necessities just because of your sexual orientation or gender identity. At Buckley Bala Wilson Mew LLP, our Atlanta LGBTQ+ discrimination attorneys hold employers to the letter of every discrimination law. We seek to overturn court decisions that fail to honor the rights you should have. To speak with an experienced employment lawyer about your civil rights, call us or contact us today.