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Dodd-Frank Whistleblower Rewards and Protections

The Securities and Exchange Commission (“SEC”), via its whistleblower program,[1] awards whistleblowers who report securities-law violations that lead to SEC enforcement actions resulting in more than $1 million in sanctions. See 15 U.S.C. § 78u-6(b)(1). Since the Dodd-Frank SEC whistleblower program was implemented in 2011,[2] the SEC has awarded more than $1.3 billion to whistleblowers.

The Dodd-Frank Act includes an anti-retaliation provision that prohibits retaliation for reporting potential securities violations to the SEC.  Pursuant to the Supreme Court’s decision in Digital Realty, the whistleblower protection provision of the Dodd-Frank Act also protects internal whistleblowing where the whistleblower has also made a disclosure to the SEC.

Click here to find out more about protections for SEC whistleblowers.

For more information about Dodd-Frank whistleblower incentives and protections, call our SEC whistleblower attorneys at 202-262-8959.

See our tips to maximize your recovery in a whistleblower retaliation case.

Protections for SEC Whistleblowers Post-Digital Realty (11-6-2020)

Dodd-Frank Act SEC Whistleblower Program Requirements

The SEC awards whistleblowers who (1) “voluntarily” provide (2) “original information” that (3) “led to the successful enforcement” (4) of a “covered judicial or administrative action, or related action.” 15 U.S.C. § 78u-6(b)(1).

  • Information is voluntarily provided if the whistleblower has no duty to report it but does so anyway “before a request, inquiry, or demand that relates to the subject matter of [the] submission is directed to [the whistleblower] or anyone representing [the whistleblower] (such as an attorney).” 17 C.F.R. § 240.21F-4(a).
  • A tip constitutes “original information” if it meets three criteria: (1) the information must come from the whistleblower’s “independent knowledge or analysis”; (2) the SEC must not have received the information from any other source; and (3) the information must not be “exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media.” 15 U.S.C. § 78u-6(a)(3). The second and third requirements do not apply where the whistleblower is the original source of the information. 15 U.S.C. § 78u-6(a)(3)(B)–(C).
    • There is a 120-day lookback period—i.e., where an individual reports his or her information internally and then, within 120 days, reports that information to the SEC, the SEC will treat that information as if it had been reported to the SEC on the date of the internal report. 17 C.F.R. § 240.21F-4(c)(3).
  • There are two standards for determining whether information “led to the successful enforcement” of an action: one applies to information about conduct not under investigation, and another applies to information about conduct already under investigation.
    • Information regarding conduct not under investigation leads to a successful enforcement where it (1) causes the SEC “to commence an examination, open an investigation, reopen an investigation that the Commission had closed, or to inquire concerning different conduct as part of a current examination or investigation,” and (2) the SEC brings a successful action “based in whole or in part on the conduct identified in the original information.” 17 C.F.R. § 240.21F-4(c)(1).
    • Information about conduct already under investigation leads to a successful enforcement where it “significantly contributed” to the action’s success. 17 C.F.R. § 240.21F-4(c)(2). Factors the SEC considers in applying this standard include whether, as a result of the information, the SEC was able to accomplish its successful enforcement action “in significantly less time or with significantly fewer resources,” bring other successful claims, or bring successful actions against others. Exchange Act Release No. 34-64545, 76 Fed. Reg. 34,300, 34,325.
  • A “covered judicial or administrative action” is any SEC action that results in monetary sanctions of more than $1 million. 15 U.S.C. § 78u-6(a)(1). A “related action” is any action that is based on the same information reported to the SEC and is brought by “(I) the Attorney General of the United States; (II) an appropriate regulatory authority; (III) a self-regulatory organization; [or] (IV) a State attorney general in connection with any criminal investigation.” 15 U.S.C. § 78u-6(a)(5), (h)(2)(D)(i)(I)–(IV).

Program Benefits

The SEC whistleblower program provides qualifying whistleblowers with (A) monetary rewards, (B) protection against employer retaliation, and (C) confidentiality. 15 U.S.C. § 78u-6(b)(1), (h)(1)(A), (h)(2)(A).

A.   Monetary Rewards

Where all requirements are met, the whistleblower will receive an award of between 10% and 30% of the monetary sanctions collected as a result of the tip. 15 U.S.C. § 78u-6(b)(1). The determination of whether to make an award is subject to appeal. 15 U.S.C. § 78u-6(f). The amount awarded is at the SEC’s discretion. 15 U.S.C. § 78u-6(c)(1)(A). The SEC takes the following into consideration in determining the amount of the award:

  • the significance of the information provided by the whistleblower to the success of the covered judicial or administrative action;
  • the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action;
  • the programmatic interest of the Commission in deterring violations of the securities laws by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws; and
  • such additional relevant factors as the Commission may establish by rule or regulation.

15 U.S.C. § 78u-6(c)(1)(B)(i). However, there are several categorical exclusions.[3]

B. Dodd-Frank Anti-Retaliation Provision

Dodd-Frank proscribes retaliation against whistleblowers:

“No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistleblower in the terms and conditions of employment because of any lawful act done by the whistleblower—

(i) in providing information to the Commission in accordance with this section;

(ii) in initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Commission based upon or related to such information; or

(iii) in making disclosures that are required or protected under the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et seq.), this chapter, including section 78j-1(m) of this title, section 1513(e) of Title 18, and any other law, rule, or regulation subject to the jurisdiction of the Commission”.

15 U.S.C. § 78u-6(h)(1)(A).

To qualify as a covered or protected whistleblower, the individual must have reported a potential securities violation to the SEC.  Once the individual qualifies as a whistleblower, internal disclosures to the employer are also protected.

Click here to learn more about anti-retaliation protections for SEC whistleblowers under the Dodd-Frank Act and Sarbanes-Oxley Act.

C. Dodd-Frank Whistleblower Confidentiality

Generally, the SEC is prohibited from disclosing “any information, including information provided by a whistleblower to the Commission, which could reasonably be expected to reveal the identity of a whistleblower.” 15 U.S.C. § 78u-6(h)(2)(A). Under exceptional circumstances, however, the SEC may disclose this information.[6] Furthermore, with an attorney, whistleblowers can file anonymous reports and remain anonymous, even to the SEC, until an award is to be paid. 17 C.F.R. § 240.21F-7(b).

Impact of SEC Whistleblower Program on SEC Enforcement

On May 13, 2016, the SEC announced a $3.5 million whistleblower award for a tip that “bolstered an ongoing investigation.” Andrew Ceresney, director of the SEC’s Division of Enforcement, was quoted as saying, “Whistleblowers can receive an award not only when their tip initiates an investigation, but also when they provide new information or documentation that advances an existing inquiry.” Mr. Ceresney added that the award-winning tip “increased [the SEC’s] leverage during settlement negotiations.”

As noted above, the plain text of Dodd-Frank Section 922 specifies that, for a whistleblower to be eligible for an award, the information furnished must have “led to the successful enforcement” of an action. 15 U.S.C. § 78u-6(b)(1). Also as noted above, however, the SEC interpreted this requirement as being met where a whistleblower’s tip “significantly contributed” to the success of an ongoing action. Therefore, the SEC appears to have complied with its own guidance in making this award.

Based on Mr. Ceresney’s statement, it seems that the enforcement had already reached settlement negotiations by the time the award-winning tip arrived. So, the question left open is to what degree a tip must increase the leverage of the SEC in settlement negotiations in order for that tip to be said to have “significantly contributed” to the success of the enforcement action.

Whistleblower Attorneys Representing Dodd-Frank Whistleblowers

If you have information that you would like to report to the SEC Whistleblower Office, contact an experienced SEC whistleblower attorney at Zuckerman Law for a free, confidential consultation.  Click here or call us today at 202-262-8959.

Dodd-Frank Act Whistleblower Retaliation

Sarbanes-Oxley Whistleblower Retaliation Remedies

 

Click to access Dodd-Frank-Whistleblower-Protection-Post-Digital-Realty.pdf

For more information about the SEC Whistleblower Program, the whistleblower attorneys at Zuckerman Law have authored several articles detailing SEC whistleblower incentives and protections, including:

Footnotes

[1] The Commodity Futures Trading Commission and Internal Revenue Service also have whistleblower programs. See U.S. Commodity Futures Trading Commission Whistleblower Program, https://www.whistleblower.gov; IRS Whistleblower – Informant Award, https://www.irs.gov/uac/whistleblower-informant-award.

 

[2] Dodd-Frank Section 922, passed in 2010, added the modern whistleblower program to the Securities Exchange Act of 1934. 15 U.S.C. § 78u-6. The SEC implemented the program in 2011 with the issuance of final rules. 17 C.F.R. §§ 240.21F-1 et seq.

 

[3] Awards are not made—

(A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the commission, a member, officer, or employee of—

(i) an appropriate regulatory agency;

(ii) the Department of Justice;

(iii) a self-regulatory organization;

(iv) the Public Company Accounting Oversight Board; or

(v) a law enforcement organization;

(B) to any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section;

(C) to any whistleblower who gains the information through the performance of an audit of financial statements required under the securities laws and for whom such submission would be contrary to the requirements of section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1); or

(D) to any whistleblower who fails to submit information to the Commission in such form as the Commission may, by rule, require.

15 U.S.C. § 78u-6(c)(2).

 

[4] Rule 21F-9(a) states the following:

To be considered a whistleblower under Section 21F of the Exchange Act (15 U.S.C. 78u-6(h)), you must submit your information about a possible securities law violation by either of these methods:

(1) Online, through the Commission’s Web site located at https://www.sec.gov; or

(2) By mailing or faxing a Form TCR (Tip, Complaint or Referral) (referenced in § 249.1800 of this chapter) to the SEC Office of the Whistleblower, 100 F Street NE., Washington, DC 20549-5631, Fax (703) 813-9322.

17 C.F.R. § 240.21F-9(a).

 

[5] Rule 21F-2(b)(1) states the following:

For purposes of the anti-retaliation protections afforded by Section 21F(h)(1) of the Exchange Act (15 U.S.C. 78u–6(h)(1)), you are a whistleblower if:

(i) You possess a reasonable belief that the information you are providing relates to a possible securities law violation (or, where applicable, to a possible violation of the provisions set forth in 18 U.S.C. 1514A(a)) that has occurred, is ongoing, or is about to occur, and;

(ii) You provide that information in a manner described in Section 21F(h)(1)(A) of the Exchange Act (15 U.S.C. 78u–6(h)(1)(A)).

(iii) The anti-retaliation protections apply whether or not you satisfy the requirements, procedures and conditions to qualify for an award.

17 C.F.R. § 240.21F-2(b)(1).

 

[6] The SEC may disclose information that reasonably likely would reveal the whistleblower’s identity only under these circumstances:

(1) When disclosure is required to a defendant or respondent in connection with a Federal court or administrative action that the Commission files or in another public action or proceeding that is filed by an authority to which we provide the information, as described below;

(2) When the Commission determines that it is necessary to accomplish the purposes of the Exchange Act (15 U.S.C. 78a) and to protect investors, it may provide your information to the Department of Justice, an appropriate regulatory authority, a self regulatory organization, a state attorney general in connection with a criminal investigation, any appropriate state regulatory authority, the Public Company Accounting Oversight Board, or foreign securities and law enforcement authorities. Each of these entities other than foreign securities and law enforcement authorities is subject to the confidentiality requirements set forth in Section 21F(h) of the Exchange Act (15 U.S.C. 78u-6(h)). The Commission will determine what assurances of confidentiality it deems appropriate in providing such information to foreign securities and law enforcement authorities.

(3) The Commission may make disclosures in accordance with the Privacy Act of 1974 (5 U.S.C. 552a).

17 C.F.R. § 240.21F-7(a).

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Prohibitions Against LGBT Discrimination in Federal Civilian Workforce

Zuckerman Law is committed to aggressively combatting LGBT discrimination in all workplaces, including in the federal workforce.  Two of the firm’s attorneys held senior positions at the U.S. Office of Special Counsel, where they enforced 5 U.S.C. § 2302(b)(10), a prohibited personnel practice barring agencies from discriminating against employees based on conduct that does not adversely affect job performance.  Call us for a free consultation at 202-262-8959.

Can my federal employment be terminated because I am LGBT?

No: Executive Order 11478, amended by former President Obama and left in place by President Trump, protects employees of the federal government or federal contractors from discrimination based on sexual orientation or gender identity.

Do any federal statutes protect me from LGBT-based employment discrimination?

In certain respects, yes.

Title VII of the Civil Rights Act of 1964 prohibits the federal government from discriminating against its employees based on their “race, color, religion, sex, or national origin.” (42 U.S.C. § 2000e-16(a).) The Equal Employment Opportunity Commission (EEOC) has interpreted “sex”-based discrimination to encompass discrimination based on sexual orientation, gender identity, or sex stereotypes.

In Macy v. Holder, the EEOC held that discrimination against a transgender employee because of that employee’s gender identity constitutes unlawful sex discrimination under Title VII. (EEOC Appeal No. 0120120821, 2012 WL 1435995 (Apr. 20, 2012).) Following Macy, the EEOC also held that:

  • the Department of the Army (1) discriminated against a transgender employee because of her sex, in violation of Title VII, by restricting her access to a common female restroom facility; and (2) created a hostile work environment based on sex by denying her access to the common female restroom and allowing a supervisor to “intentionally and repeatedly to refer to her by male names and pronouns and make hostile remarks well after he was aware that [the employee’s] gender identity was female” (Lusardi v. McHugh, EEOC Appeal No. 0120133395, 2015 WL 1607756 (Mar. 27, 2015));
  • the intentional misuse of a transgender employee’s name and pronoun may constitute sex-based discrimination, harassment, or both (Jameson v. Donahoe, EEOC Appeal No. 0120130992, 2013 WL 2368729 (May 21, 2013)); and
  • a transgender employee stated a claim of Title VII sex discrimination where his employer continually failed to update its records with the employee’s correct gender identity and failed to address anti-transgender hostility directed at that employee by his coworkers. (Eric S. v. Shinseki, EEOC Appeal No. 0120133123, 2014 WL 1653484 (Apr. 16, 2014).)

Additionally, the Civil Service Reform Act of 1978 contains two provisions that have been interpreted to prohibit employment discrimination based on sexual orientation or gender identity:

  • Similar to Title VII, CSRA prohibits employment discrimination based on “sex.” (5 U.S.C. § 2302(b)(1)(A).)
  • CSRA also prohibits employment discrimination based on any “conduct which does not adversely affect the performance of the employee or applicant or the performance of others.” (5 U.S.C. § 2302(b)(10).)

What can I do if I believe I have been discriminated against in my federal employment for being LGBT?

Any federal employee who believes he or she has been discriminated against based on sexual orientation or gender identity may file a complaint under Title VII, CSRA, or both.  These options are discussed in detail in a memo titled Addressing Sexual Orientation and Gender Identity​ Discrimination in Federal Civilian Employment: A Guide to Employment Rights, Protections, and Responsibilities (OPM, EEOC, OSC, MSPB, June 2015)​.

A complaint under Title VII should be brought to an EEO counselor at the employee’s agency within 45 days of the discriminatory incident. If the complaint cannot be resolved informally, the employee will have an opportunity to file a formal complaint with his or her agency. The employee can choose to receive either a final decision from his or her agency or a hearing before an EEOC administrative-law judge (ALJ). The employee can appeal the decision at this stage to the EEOC and then file a claim in federal court.

A complaint under the CSRA should be brought to the Office of Special Counsel (OSC). There is no statute of limitations for filing a prohibited-personnel-practice complaint. If OSC determines that there are reasonable grounds to believe that the agency has committed or will commit a prohibited personnel practice, then OSC may petition the MSPB for corrective and/or disciplinary action.

Employees should be familiar with their agencies’ dispute-resolution procedures. Many agencies have unique processes for informally resolving disputes.

Shameful Legacy of LGBT Discrimination Against Federal Employees

As LGBT rights in the workplace, it is critical to be vigilant and to fight for full equality.  And it is worth remembering the shameful legacy of discrimination against LGBT federal employees.  In particular, under the guise of “national security” the FBI searched for and purged gay employees.  Many federal employees lost their jobs solely due to their sexual orientation and lacked any remedy.

Why Hire Zuckerman Law for Your Discrimination or Retaliation Case?

best sexual harassment attorneys Washington DC Maryland VirginiaHiring a proven and effective advocate is critical to obtaining the maximum recovery in a discrimination case.  Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.  His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.  And his experience as a public defender enables him to feel at home in any courtroom and communicate effectively with the jury.

Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.  As editor of the Glass Ceiling Discrimination blog, Bachman writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.  To schedule a preliminary consultation, click here or call us at (202) 769-1681.

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LGBTQIA Workplace Rights in the District of Columbia

Can I be fired for being LGBTQIA in Washington, D.C.?

No: Washington, D.C.’s Human Rights Act of 1977, as amended in 2006, prohibits employment discrimination based on sexual orientation or gender identity or expression.

Employers are prohibited from doing any of the following based on someone’s sexual orientation or gender identity or expression:

  • failing or refusing to hire or promote;
  • firing;
  • providing different compensation, terms, conditions, or privileges of employment; or
  • limiting, segregating, or classifying an individual in a way that may adversely affect his or her employment status, including, for example, by depriving him or her of employment opportunities.

(D.C. Code § 2-1402.11.) Moreover, when it comes specifically to someone’s gender identity or expression, employers are prohibited from:

  • engaging in disparate treatment;
  • verbally or physically harassing;
  • creating a hostile work environment;
  • failing to make reasonable accommodations as requested by an employee pursuant to 4 DCMR § 804 (dress and grooming standards);
  • denying access to restrooms or other gender-specific facilities that are consistent with the individual’s gender identity or expression; or
  • requiring an applicant to indicate whether he or she is transgender.

(4 DCMR §§ 801.1(a), 806.1.)

If you have suffered LGBTQIA workplace discrimination or retaliation for reporting discrimination, call us today at 202-262-8959 to find out your options to combat discrimination

How do I know if my employer is harassing me because of my gender identity or expression?

Actions that may evidence harassment or a hostile work environment based on your gender identity or expression include:

  • deliberately misusing your preferred name or pronoun;
  • asking personal questions about your body, gender identity or expression, or gender transition;
  • disclosing to others that you are transgender; or
  • posting offensive pictures or sending offensive communications, whether or not electronic.

(4 DCMR § 808.2.) Such behavior amounts to harassment or a hostile work environment if it is “sufficiently severe or pervasive to alter the conditions of the victim’s employment . . . and to create an abusive environment.” (Id.)

Which restroom can I use?

The one that corresponds to your gender identity or expression. Employers are prohibited from preventing their employees from using any gender-specific facilities, including restrooms and dressing rooms, that are consistent with their gender identity or expression. (4 DCMR § 802.1.)

Any employer that has single-occupancy restrooms, furthermore, must label those restrooms with gender-neutral signs. (4 DCMR § 802.2.)

Can my employer require me to dress or groom myself according to the sex I was assigned at birth, rather than the gender with which I identify?

No: D.C. law expressly prohibits such dress codes. (4 DCMR § 804.1.) Employers are permitted to impose standards of dress and grooming that serve a “reasonable business purpose,” but those standards cannot “discriminate or have a discriminatory impact on the basis of an individual’s . . . gender identity or expression.” (4 DCMR § 804.2.)

Can my employer require me to provide documentation of my gender identity or expression in order for me to have access to gender-specific facilities?

No: your employer is required to “make reasonable accommodations” to allow for your “access to and . . . safe use of” gender-specific facilities, including those where people are frequently naked, consistent with your gender identity or expression—regardless of whether you have provided documentation of your gender identity or expression. (4 DCMR § 805.1, 805.2.) Employers may require such documentation only where they impose that requirement on everyone for a “reasonable business or medical purpose.” (4 DCMR § 805.3.)

What should I do if I believe my employer has discriminated against me?

You may file a discrimination complaint with the D.C. Office of Human Rights (OHR) by submitting an online questionnaire within 1 year either since the discriminatory act occurred or since you learned of it.

If you work for the D.C. government, then you must first consult any agency’s EEO counselor, who has 30 days to seek an informal resolution. Within 15 days of your final interview with the EEO counselor, you may file a formal complaint with OHR.

OHR Resources About Transgender Rights in Washington DC

Qualified and Transgender: A Report on Results of Resume Testing for Employment Discrimination Based on Gender Identity

Valuing Transgender Applicants & Employees: A Best Practice Guide for Employers

Top-Rated Sexual Orientation/LGBTQIA Workplace Discrimination Lawyers

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a discrimination case.

Jason Zuckerman has obtained relief for victims of LGBTQ discrimination and held a senior leadership position at the U.S. Office of Special Counsel, where he helped enforce the CSRA’s prohibition against sexual orientation discrimination in federal employment.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.  To schedule a preliminary consultation, click here or call us at (202) 262-8959.

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Law Firm Combatting LGBTQIA Discrimination in the Workplace

Despite recent progress, workplace discrimination against LGBTQIA individuals remains far too prevalent.  According to a Harvard survey released in late 2017, 22% of LGBTQIA people have experienced anti-LGBTQIA discrimination when it comes to being paid equally or considered for promotion, and 20% report discrimination in hiring.  And a recent survey shows that LGBTQIA Americans are more likely to become unemployed as a result of the coronavirus epidemic than their non-LGBTQIA counterparts.

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a sexual orientation discrimination case.  The top-rated LGBTQIA discrimination lawyers at Zuckerman Law have significant experience advocating for full equality on behalf of LGBTQIA victims of discrimination.

Jason Zuckerman, the founder of the firm, held a senior position at the U.S. Office of Special Counsel, where he worked to enforce the prohibition against LGBTQIA discrimination in the federal workforce and provided training and outreach to federal managers and supervisors to prevent LGBTQIA discrimination.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.

Contact us today to find out how we can help you. To schedule a preliminary consultation about sexual orientation discrimination, call us at 202-262-8959, or click here.

We are a proud sponsor of the Rockville Pride 2019.

LGBTQ discrimination lawyers

Resources for LGBTQIA College Students

BestColleges.com curated a series of guides specifically catered to LGBTQIA students that delve into the best programs, safety tips and useful insight into finding the right fit.

Student Experience Guide:
https://www.bestcolleges.com/features/best-colleges-for-lgbt-students/

Program Details:
https://www.bestcolleges.com/features/top-lgbtq-friendly-colleges-by-state/

Safety Resources:
https://www.bestcolleges.com/blog/importance-of-safezones-in-college/

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LGBTQIA Workplace Rights in Virginia

Can I be fired for being LGBTQIA in Virginia?

No. On April 11, 2020, Governor Northam signed the Virginia Values Act (SB 868), monumental anti-discrimination legislation that makes Virginia the first state in the South to enact comprehensive protections for the LGBTQIA community.  In particular, Senate Bill 868 1) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; 2) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth, or related medical conditions, disability, and veteran status; and 3) prohibits discrimination in housing based on sexual orientation, gender identity, and status as a veteran. The Virginia Values Act became effective on July 1, 2020.

Virginia Values Act

The Virginia Values Act amends the Virginia Human Rights Act (VA HRA), Va. Code §§ 2.2-3900 et seq., by barring discrimination on the basis of sexual orientation or gender identity and creating a private cause of action for employment discrimination.  The amended VA HRA authorizes a victim of discrimination to bring a civil action in district or circuit court after receiving a notice of right to file a civil action from the Division of Human Rights of the Department of Law.  Remedies include uncapped compensatory and punitive damages.

Under the Virginia Values Act, “gender identity” means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.  “Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, or homosexuality.

Top-Rated Virginia LGBTQIA Discrimination Lawyers

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a Virginia LGBTQIA discrimination case.  U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.

Contact us today to find out how our LGBTQIA discrimination lawyers can help you.  To schedule a preliminary consultation, click here or call us at 202-262-8959.

  best northern virginia employment lawyers

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

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How Does the 2020 Virginia Values Act Protect LGBTQIA Employees Against Discrimination?

What-New-Virginia-Anti-Bias-Law-Means-For-LGBTQ-Workers.pdf

Virginia Anti-Discrimination Laws

2020 Legislative Session Heralds a Sea Change in Virginia Employment Law

Virginia Anti-Discrimination and Whistleblower Protection Laws

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LGBTQIA Workplace Rights in Maryland

Can I be fired for being LGBTQIA in Maryland?

If your employer has at least 15 employees, then no: Maryland has prohibited employment discrimination based on sexual orientation since 2001 and expanded that protection to cover gender identity and expression in 2014. (Md. Code Ann., State Gov’t § 20-602 (West).) Maryland also prohibits harassment based on sexual orientation or gender identity, as well as retaliation for filing a complaint or participating in an investigation.

If you have suffered sexual orientation discrimination in Maryland, contact us to schedule a confidential consultation. Click here or call us at (202) 262-8959.  

We are a proud sponsor of the Rockville Pride 2019.

Is sexual orientation discrimination illegal in Maryland?

It is illegal for a Maryland employer or prospective employer to discriminate against you based on your sexual orientation or gender identity with regard to:

  • recruitment
  • hiring
  • transferring
  • dismissal
  • discipline
  • working conditions
  • promotions
  • training
  • advertisement
  • retirement
  • assignment, or
  • performance evaluations.

In particular, Maryland’s anti-discrimination law provides:

It is the policy of the State, in the exercise of its police power for the protection of the public safety, public health, and general welfare, for the maintenance of business and good government, and for the promotion of the State’s trade, commerce, and manufacturers:  (1) to assure all persons equal opportunity in receiving employment and in all labor management-union relations, regardless of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; and (2) to that end, to prohibit discrimination in employment by any person.
In addition, the anti-discrimination ordinances of Montgomery County, Howard County, and Prince George’s County bar sexual orientation discrimination.

What should I do if I believe my employer has discriminated against me on the basis of my sexual orientation?

If you are a public employee, you may file a complaint with your agency’s EEO Office within 30 days of learning of the discrimination. Once your agency renders a decision, you may file an appeal with the Office of the Statewide EEO Coordinator (OSEEOC) within 10 days. Additionally, you may file claims with the Maryland Commission on Civil Rights (MCCR) or the U.S. Equal Employment Opportunity Commission (EEOC).

If you are a private sector employee, you may file a complaint with the MCCR.

Top-Rated Maryland LGBTQIA Discrimination Lawyers

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a Maryland sexual orientation discrimination case.  

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.

To schedule a confidential consultation, click here or call us at (202) 262-8959.

Does Maryland Law Prohibit Discrimination Against Transgender Individuals?

Yes.  In March 2020, Judge Hollander held in Squire v. FedEx Freight Inc., No. 17-3597 (D.Md. March 12, 2020) that Title VII protects transgender persons.  She noted that “several courts in this district have found that, under Price Waterhouse, “discrimination on the basis of transgender status constitutes gender stereotyping because ‘by definition, transgender persons do not conform to gender stereotypes.’” M.A.B. v. Board of Education of Talbot County, 286 F. Supp. 3d 704, 714 (D. Md. 2018) (quoting Finkle v. Howard Cty., 12 F. Supp. 3d 780, 787-88 (D. Md. 2014)). In Finkle, Judge Bredar said, id. at 788: “[O]n the basis of the Supreme Court’s holding in Price Waterhouse, and after careful consideration of its sister courts’ reasoned opinions, this Court finds that Plaintiff’s claim that she was discriminated against ‘because of her obvious transgendered status’ is a cognizable claim of sex discrimination under Title VII.”

Maryland LGBTQIA Discrimination Lawyers

LGBTQ discrimination lawyers

 

Our office is located in the Bethesda-Chevy Chase area, but we serve workers in several Maryland cities, towns and municipalities, including:

  • Bethesda
  • Chevy Chase
  • Rockville
  • Silver Spring
  • Kensington
  • Frederick
  • College Park
  • Frederick
  • Columbia
  • Gaithersburg
  • Garrett Park
  • Glen Echo
  • Greenbelt
  • Greensboro
  • Kensington
  • Laurel
  • New Carrollton
  • Somerset
  • Takoma Park