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Unemployment Benefits and Discrimination Against LGBTQ+ Employees

Were you fired after you began to transition, or your employer found out you identified as a member of the LGBTQ+ community? When you applied for unemployment benefits did your employer claim you were fired for cause or for misconduct causing you to be denied unemployment benefits? South Carolina Legal Services may be able to help with your unemployment appeal. 

A recent Supreme Court case held that an employer cannot discriminate against or fire an employee for being gay or transgender. Prior to this Supreme Court decision, LGBTQ+ employees facing discrimination due to their sexual orientation and gender expression were not considered protected under this law. 

If you are fired for a reason related to your sexual orientation or gender expression your employer is not going to admit you were fired because you are gay or transgender. The discrimination may appear in more subtle forms.  For example, employers may allege that you engaged in misconduct by violating the dress code or that you engaged in unprofessional conduct or conduct out of line with the values of the employer.  This could result in the DEW making an initial finding that you are disqualified from benefits because your employer terminated you “for cause” or for “misconduct.”  

You must appeal this decision within ten days of the mailing date of the decision. South Carolina Legal Services may be able to represent you. To see if you qualify for legal services, you may apply for representation by calling 1-888-346-5592 or online at: https://www.lawhelp.org/sc/online-intake.  

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