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The Current State of LGBTQ Rights in the United States (And Why You Probably Need a Lawyer to Navigate These Waters)
Rook Elizabeth Ringer, Esq. • September 26, 2019
Laws in general can be confusing, and even more so when these laws are often dependent on where you live. Nowhere else is this more prevalent is with respect to LGBTQ rights.
Take Florida, for example, my home state. Florida does not have any statewide statute that prohibits discrimination against LGBTQ people. By contrast, the Florida Civil Human Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status. Of course, it says nothing explicitly about sexual orientation or gender identity, nor have Florida courts been extending that act to encompass LGBTQ civil rights.
On the other hand, many of the larger cities, as well as the surrounding counties, have crafted their own ordinances. Here, where I live in Tampa, we have the Hillsborough County Human Rights Ordinance, which prohibits discrimination based on race, color, gender/sex, age (includes under age 40), national origin, religion, disability, marital status, sexual orientation, gender identity or expression. And if you live within the city limits of Tampa itself, there is a City of Tampa municipal Human Rights ordinance that includes sexual orientation and gender identity or expression, and includes employment, housing, and public accommodations.
Similarly, if I go into nearby Pinellas County, or St. Petersburg in particular, LGBTQ rights are well protected. But what happens if you cross the adjacent Pasco or Polk county lines? Well, in most instances, in those counties, you are not protected at all. Pasco, in particular, has been a battleground recently with respect to Transgender children, with the school district attempting to craft policies that protect Transgender students, and angry, conservative parents protesting.
And as with much of the country at the moment, the debate largely is now reframed as between those who favor LGBTQ rights, and those who claim that laws prohibiting discrimination against LGBTQ individuals are infringing on their “religious rights”, the current conservative newspeak for hatred of LGBTQ people.
Unfortunately, things are looking dire at the federal level. Many areas around the country have seen favorable rulings from federal district and circuit judges with respect to LGBTQ discrimination. However, the U.S. Supreme Court is set to hear arguments on October 8 with respect to whether Title VII of the Civil Rights Act of 1964 (dealing with employment rights) applies to cases of anti-LGBTQ discrimination. The tricky legal issue is that many lower courts have interpreted anti-LGBTQ discrimination as a type of “sex discrimination”, and as a result, they have held that such discrimination is barred under Title VII. However, the Trump administration has submitted arguments opposing that perspective, and arguing that it is “ok” to fire or discriminate against workers solely on the basis of their sexual orientation or gender identity or expression.
Furthermore, it is likely that the ruling, whichever way it goes, will affect all federal laws dealing with discrimination on the basis of sex, which includes Title IX of the Education Amendments of 1972, as well as the Fair Housing Act. Given the current conservative edge on the Supreme Court, it is more likely than not that the Court has already made up its mind to rule in favor of LGBTQ discrimination. If that happens, at least it will not affect the lower state, county, and city ordinances, because the specific issue before the Court is whether Title VII applies to anti-LGBTQ discrimination, and should not reach the issue of whether “religious rights” to discriminate trump the rights of those discriminated against.
In the meantime, we can only hope and pray that if the Supreme Court finds in favor of bigotry, that the legislature passes the Equality Act, which continues to stall in the Senate. Under that law, sexual orientation and gender identity or expression would be added specifically, without any further handwringing over whether the definition of “sex” includes those categories.
As for now, however, do you know if you are protected? Do you think you could look up all those laws, ordinances, and acts and determine whether your legal rights have been violated? As you can see, this is a pretty complicated battlefield, and you need someone who understands it, and can help determine whether you have a case. Give us a call. I am more than happy to take a look at your case and see if there might be something that we can do for you.
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Surely no one would doubt that children are curious creatures, and as such, they often end up in places they don’t belong if they are not well looked after. The curiosity of a child’s mind knows no bounds, and while, as parents, we have come to expect simple “boo-boos” like a scrapped knee for example, sometimes curiosity can lead children into far more precarious situations. Obviously then, there are many situations where, from the worldview of an adult, while we see dangers that should best be avoided, a child may only see adventure – a new mystery waiting to be explored. While, of course, it is important that parents foster their children’s inquisitive minds, a parent’s first priority should surely always be to protect their children from serious bodily injury, or worse. Now that Summer is just around the corner, protecting our children is particularly important as swimming pools will start to be opened up and trampolines will be going back out in the yard. Fortunately, the law recognizes the tendency of children to view all the world as a playground, and imposes a special duty on owners of such things as swimming pools and trampolines to protect children from the hazard these things can represent. Like many states, New Jersey has adopted this principle of tort law, called the attractive nuisance doctrine. Put simply, an attractive nuisance is any man-made construct present upon land, which may lure children, and which can cause them bodily injury should they play on, in, or around it. The defining characteristic of an attractive nuisance is just that – that it is attractive to children and that the potential fun the attractive nuisance poses, entices a child like a moth to the flame. Swimming pools, playground equipment, and other artificial landscaping features can make your yard a magnet for every kid in the neighborhood, but the very things that might make your yard so enticing to a child may also be the very things that make it so potentially dangerous for them. As a result of this potential for harm, the law places a heightened duty on property owners who have items that will both attract children and present a unique potential for harm. The theory is that children are too young to appreciate the risk of harm these attractive nuisances pose, and therefore, because these items essentially induce a child into a hazardous area of your property, the property owner is expected to take special precautions to mitigate the risk of harm, for example, by putting a fence around a pool. Elements of Attractive Nuisance If the property owner knows, or reasonably should know, that children are likely to trespass upon his or her property; In response to an artificial condition present upon the land; Which the property owner knows, or reasonably should know poses an unreasonable risk of death or serious bodily injury; Such that a child, because of their youth, does not discover the condition or realize the risk involved; and Said property owner fails to take reasonable precautions to safeguard against the risk of injury. Common Attract Nuisances Water Features Studies suggest that an adult can drown from as little as six tablespoons of water. This number is even smaller for a child. Water features on property – including fountains, pools, and wells – can pose an enormous risk of drowning to children who may want to splash around inside, particularly if they cannot gauge how deep the water is, and especially if they have not yet learned to swim. A swimming pool is the most common example of an attractive nuisance, and as the summer weather soon comes upon us, pool owners – especially owners of inground pools – should be particularly mindful of the hazard posed by the attractive nuisance. As a pool owner, you could be liable for accidents even if children sneak into your pool without your consent. Whether the pool is in-ground, above ground, or even a kiddie pool, you can reduce your risk by surrounding your pool area with a fence, installing a locking gate (preferably one with an audible alarm), and covering the pool with a safety cover when not in use. New Jersey has passed legislation specifically outlined the heightened obligation of pool owners. Under New Jersey’s swimming pool safety act, called “William’s Law,” any pool must be fenced or walled in with a structure of at least 5 feet high and without any openings wide enough for a 4-inch object to pass through it. If a pool owner fails to properly enclose the water feature and a child is injured as a result, the child’s family may be able to sue under the attractive nuisance doctrine, as well as raise a negligence per se claim in connection with the pool owner’s violation of William’s Law. Trampolines & Playground Equipment Most home playground injuries involve swing sets, according to the Centers for Disease Control (CDC). To reduce the chance of accidents, therefore, the National Association of Home Inspectors recommends spacing swings at least 24 inches apart and at least 30 inches from the support frame. Swing sets – especially wooden ones – should be checked regularly for wear & tear, warping, or rot. Because most injuries from swings also involve falls, installing a shock-absorbing surface for your playground like sand, wood chips, or gravel, for example, can help mitigate the likelihood of injury. Trampolines can also pose a significant safety hazard to young children who may not know how to utilize one safely. If you are planning on purchasing a trampoline, look for a model that has a zippered entrance which can be locked. Additionally, consider installing a locked and alarmed fence around your yard or around the playground to make the feature inaccessible to uninvited users. Home Construction Projects Construction projects and the tools and equipment which may be present on a construction site can be kid magnets. Young children often get toy tool sets to play with, so seeing a real hammer or saw can be enticing. Rebuilding a deck, repaving a driveway, pouring concrete, building additions, and even repairing a roof can all present potentially dangerous conditions which a child may be drawn to. To some children, a ladder must be climbed or a hole must be jumped in. The law doesn’t expect homeowners to complete their construction projects overnight, but when stepping away, it is critical to turn off and put away power tools, remove heavy equipment if possible, and consider putting up hazard signs, safety cones, or even a barrier of caution tape to make the potential danger clearly evident. Our Tip: Be Alert to Hazards At the end of the day, even with due care it is impossible to prevent all eventualities, especially when children are involved, and unfortunately accidents do happen. At the same time, it is also important to be vigilant and to stay aware of hazardous or potentially hazardous conditions on our property which children may be drawn to. This is especially true if you live in a neighborhood with families who have children or near an area where children may be present, such as near a park or a school. Call The Lento Law Group If your child was the victim of an attractive nuisance or was otherwise injured on another person’s property, call the Lento Law Group today for a free phone consultation. Our caring, compassionate, and knowable staff will be happy to go over the facts of your potential case so that our experienced personal injury attorneys can see if you have a viable cause of action. There is absolutely no cost to you unless we secure a financial recovery on your behalf. Call today!
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TIf you are a medical professional providing reproductive care and counseling, you are likely well aware of the risks you face from new laws limiting access to abortions and related information and services. Your license and employment may be at risk. Let the Lento Law Group’s premier license defense attorneys help you invoke your legal rights to practice your medical profession in good conscience. New Bill Seeks to Protect Medical Providers The Connecticut legislature is considering a bill that would protect medical providers who share information about access to reproductive care. A media report on the new bill highlights how the bill responds to new threats against reproductive care providers who share information on abortion services. State legislatures across the country have restricted access to abortion services. Employers and licensing boards may construe those restrictions to prevent medical providers from sharing information about lawful reproductive care provided in other states, placing those medical professionals’ licenses and employment at risk. The Bill’s Particulars The new Connecticut bill, if enacted into law, would guarantee those medical providers the right to exercise their conscience, when sharing information about lawful abortion services in other states. Employers, including religious hospitals not providing abortion counseling or services, would be unable to retaliate against the medical providers sharing that information. The bill would also prohibit the state’s medical licensing authorities from taking into account licensing action in other states against those providers who follow their consciences. Reciprocal Conscience Rights Courts and legislatures have long worked to protect the conscience rights of medical providers who refuse on religious and related grounds to provide abortion counseling or services. The new Connecticut bill seeks to turn those so-called negative conscience rights into positive rights to provide abortion information on reciprocal conscience grounds. Medical providers refusing abortion services and counseling, and providers offering abortion services and counseling, have reciprocal rights and conscience interests. The new bill, if enacted into law, would recognize those reciprocal rights and interests. Defending Your Conscience Rights The above bill indicates that you may have certain legal rights and interests that protect you when you face employment or licensing issues over the exercise of your conscience. Our attorneys can assist you through the license investigation process to ensure that you have the best opportunity to retain your professional license free of any discipline. We can also help you navigate your employer’s grievance procedures to ensure that your employer respects your legal rights and interests, and that you preserve your job, career, reputation, and income. Premier License Defense for Reproductive Care Professionals If you are a medical professional providing reproductive care and counseling, our offices across the country offer premier attorneys to handle your professional license defense and employment issues. It is important that you call us as soon as you encounter an employment or licensing problem. Call 833.536.8652 now for the representation you need for your employment and license defense issues relating to reproductive care.