It is against the law for an employer to engage in discriminatory practices targeting an employee based on their sexual orientation. In situations where you have experienced termination from your job, faced job denial, or encountered workplace discrimination due to your sexual orientation, it becomes imperative that you are aware of your legal rights.
Discrimination on one’s gender identity or sexual orientation can lead to a hostile work environment, affecting everyone concerned. If you’ve identified possible discrimination based on sexual orientation within your office, you may have grounds for a valid legal case. Expanding your knowledge of your rights and seeking counsel from an attorney can be instrumental in assessing any unlawful treatment and determining the best course of action for your circumstances.
Sexual Orientation Discrimination: A Comprehensive Overview
Sexual orientation discrimination encompasses differential treatment or harassment directed at individuals due to their real or perceived sexual orientation, whether they identify as gay, lesbian, bisexual, or heterosexual.
In the United States, this form of discrimination became unlawful in public and private workplaces following a pivotal 2020 Supreme Court ruling called Bostock v. Clayton County, Georgia. This landmark decision also extended protection against workplace discrimination to include gender identity.
Employment discrimination based on sexual orientation occurs when an employer factors an employee’s sexual orientation into their employment-related decisions. For instance, it constitutes discrimination if an employer refuses to hire individuals based on their sexual orientation, terminates an employee for marrying their same-sex partner, or segregates openly gay employees from customer interaction roles.
Similarly, it would be discriminatory for an employer to take action against heterosexual employees solely because of their sexual orientation. For example, a bar or restaurant predominantly serving a gay clientele cannot discriminate against straight employees applying for positions such as bartenders or waiters. Harassment is a manifestation of workplace discrimination and can take two forms:
1. Quid pro quo harassment
Quid pro quo harassment is a type of sexual harassment in which an employee is subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature by a supervisor or other person with power over their employment, in exchange for something of value, such as a promotion, a raise, or a favorable job assignment. For instance, if an employee’s manager makes inappropriate advances, asks them out, and engages in unwarranted physical contact while implying that job security depends on compliance, it qualifies as harassment.
2. Hostile work environment harassment
This occurs when unwelcome behavior is so pervasive or severe that it creates a hostile or intimidating workplace. For instance, a group of coworkers persistently ridiculing and demeaning a lesbian employee using derogatory terms related to her sexuality and relationships would create a hostile work environment.
It’s crucial to acknowledge that sexual orientation and gender expression are innate characteristics, not choices. Individuals identifying as lesbian, gay, bisexual, transgender, or queer (LGBTQ) didn’t consciously select their sexual orientation like one doesn’t choose between green or red socks or opt for long-sleeve or short-sleeve attire. These individuals should be respected and protected from discrimination based on their love interests and identity.
Regrettably, some individuals still hold outdated beliefs and unfairly judge members of the LGBTQ community based on their love preferences and identities. Some of these individuals ascend to positions of authority, such as supervisors, managers, employers, or CEOs.
Unfortunately, they make hiring decisions based on sexual orientation or gender identity rather than evaluating applicants’ qualifications for the role within their company. This practice stands in stark contrast to fair and unbiased hiring principles.
Identifying LGBTQ+ Discrimination
Discrimination against an individual’s gender identity or sexual orientation can manifest in various ways and originate from anyone in your office, including coworkers, CEOs, supervisors, customers, and even CEOs. When you feel uneasy or unsafe due to someone’s conduct at work, their actions or words might indicate unlawful behavior. Common examples of sexual orientation discrimination are as follows:
- Unfair treatment
- Wrongful termination
- Derogatory remarks
- Deliberate misuse of pronouns
- Harassment, including sexual harassment
- Disparities in wages and benefits
If you believe you are facing unfair treatment based on your sexual orientation, you may have the option to take legal action. Engage in a discussion with your attorney about the various aspects of sexual orientation discrimination. While you might already believe you’ve experienced discrimination, your legal counsel can help you identify additional instances to strengthen your case.
Proving Sexual Orientation Discrimination
While seeking counsel from a lawyer is a crucial step in making your voice heard, it’s essential to recognize that you are the most significant advocate for your cause. An important aspect of preparing for a possible lawsuit is taking proactive steps to gather evidence before initiating legal proceedings.
Once you’ve encountered potential cases of LGBTQ discrimination, it becomes vital to collect and document all the relevant details. Evidence supporting your experiences may encompass the following:
● Physical evidence:
Assemble any written documentation related to the incident, such as text messages and emails. Additionally, consider preserving other forms of evidence, such as physical objects or photographs, which could bolster your lawsuit if you decide to pursue legal action.
● Witnesses:
Reflect on the incident and list individuals who may have witnessed the discrimination in the act. These individuals could become instrumental in substantiating your case in the future.
● Personal notes:
After each incident, record a comprehensive account of what transpired, even if you’re uncertain whether it would qualify as discrimination in the eyes of the law. Strive to incorporate as many precise and impartial details as possible, including dates, names, and times. These notes should be prepared with the understanding that they might serve as a credible record of the proceedings and should only contain information you’d be comfortable sharing with others.
Final Word
If you suspect that you are facing discrimination due to your sexual orientation, it is strongly advised to reach out to The Bourassa Law Group to initiate a conversation with their seasoned discrimination lawyers. They can assess your situation and determine whether you have a strong legal basis to pursue a claim against your employer, and assist you in devising the most effective strategy to protect your rights.
Time is of the essence, so don’t delay. Should you decide to pursue legal action against your employer, you will likely be required to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency.
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