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LGBTQ Discrimination


Discrimination Attorneys Representing Victims of LGBTQ Discrimination for Over 25 Years

LGBTQ Discrimination in the workplace occurs when an employee or job applicant is treated unfairly based on sexual orientation or gender identity and expression. Federal and state laws prohibit such actions in the workplace.

Like many forms of discrimination at work, LGBTQ discrimination is a staple in businesses across America. Potential employees are denied jobs based on real or perceived sexual orientation. Employees are fired, ridiculed, and otherwise harassed because they are part of the LGBTQ community.

For over 25 years, the employment discrimination lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey have worked to help members of the LGBTQ community get the compensation they deserve.

Who Is Part of the LGBTQ Community?

The LGBTQ community includes people of all ages and genders. LGBTQ stands for Lesbian, Gay, Bi-sexual, Transgender, Questioning or Queer. However, allies or people that support and fight for equality of LGBTQ people are also part of the community.

Not all people are openly part of the LGBTQ community. However, even if you think someone is part of the community, they are entitled to all the same protections as a person open about their sexual orientation or gender identity.

What Are Examples of LGBTQ Discrimination at Work?

LGBTQ discrimination and harassment in the workplace can take many forms. Some examples include:

  • Outing a gay employee
  • Firing an employee who is transitioning
  • Using derogatory slurs directed towards LGBTQ employees
  • Sending emails with LGBTQ jokes
  • Denying health insurance to the partners of married same-sex couples
  • Refusing to allow employees to bring their same-sex partners to work events
  • Telling bi-sexual employees to “pick a side”
  • Ostracizing members of the LGBTQ communities at work-related events and functions
  • Harassing LGBTQ Allies about being open allies
  • Refusing to give gay employees certain projects because he is gay
  • Demoting a transgender employee for reporting discrimination at work

What Laws Protect Employees from LGBTQ Discrimination at Work?

Title VII of the Civil Rights Act of 1964 includes sexual orientation and gender identity and expression as protected classes under sex discrimination. The court ruled that sexual orientation cannot be discussed without first discussing sex or gender.

Some state and local laws prohibit discrimination based on sexual orientation and gender identity. New York prohibits workplace discrimination based on both sexual orientation and gender identity, protecting all members of the LGBTQ community.

New Jersey and California laws prohibit discrimination based on sexual orientation; however, they do not include gender identity or expression.

Pennsylvania and Florida do not have any state laws prohibiting LGBTQ discrimination in the workplace. However, Philadelphia and Miami laws prohibit discrimination against people based on sexual orientation.

Federal and state laws also prohibit wrongful termination and retaliation against employees due to LGBTQ status. Employers may not fire a person because they are gay, lesbian, transgender, or bisexual. Additionally, they may not retaliate against an employee who reports discrimination to HR, a manager, or the courts.

What Should Victims of LGBTQ Discrimination at Work Do Next?

You have the right to fight for justice when your employer violates your rights. The fight for justice requires planning and evidence. Therefore, you should first make sure you document everything that has occurred. If you have emails, text messages, photographs, or witnesses, use the information to put together a file.

Sometimes, harassment or discrimination is so great that you cannot work in that environment any longer. Other times you are terminated, despite your best efforts to work through the treatment. No matter your employment status, as soon as you experience discrimination and harassment at work, contact a qualified LGBTQ discrimination and harassment lawyer to help understand your options and develop your case.

Your attorney can assist you in filing an Equal Employment Opportunity Commission (EEOC) or your state’s employee rights oversight committee. Do not waste time before contacting a dedicated attorney to help your case. You have a limited time frame to file your complaint and receive justice.

What Remedies Are Available to Victims of LGBTQ Discrimination at Work?

The courts work diligently to prevent and punish LGBTQ discrimination at work. The court may issue remedies such as the reinstatement of work, financial penalties, and even mandated public apologies. Any relief will be determined by your damages, both financial and physical.

Call Our Compassionate LGBTQ Discrimination Attorneys for Your Free Consultation

LGBTQ employees have the same right to work as all employees. Sexual orientation and gender identity do not affect their abilities to work. Therefore, these classifications should not affect their right to work.

The Derek Smith Law Group is available to help victims of employment discrimination of the LGBTQ community with dedicated legal representation. Call today at (800) 807-2209 or fill out our online form for your free consultation.

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