Gay and Lesbian Sexual Harassment

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Gay and Lesbian Sexual Harassment in the Workplace

Sexual Harassment Against a Person Due to Their Sexual Orientation Violates the Law

Gay and lesbian sexual harassment in the workplace attacks employees and job applicants based on their sexual orientation. Federal and state laws prohibit employers from making any employment decisions or harassing people based on their sexual orientation. Doing so violates sexual harassment laws.

If your employer insists on violating sexual harassment laws by targeting gay and lesbian employees and job applicants with sexual harassment, you have a right to fight back. You have a right to receive justice. You have a right to work with a compassionate sexual harassment lawyer to help you receive the justice you deserve.

Call our compassionate sexual harassment lawyer in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your gay and lesbian sexual harassment claim.

What Is Gay and Lesbian Sexual Harassment in the Workplace?

Gay and Lesbian sexual harassment occurs when you are subjected to unwanted sexual comments, advances, or contact because of your sexual orientation or perceived sexual orientation. Someone in the workplace is targeting you because you are gay or lesbian. Whether it comes from someone of the same sex or someone of the opposite sex, it is still considered LGBTQ sexual harassment.
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What Are Examples of Gay and Lesbian Sexual Harassment?

Gay and lesbian sexual harassment can appear in many forms. Some examples may include:

  • Sexual advances made by someone of the same sex
  • Sexual jokes or comments that are homosexual in nature
  • Using derogatory homophobic slang in the office that clearly makes you uncomfortable
  • Outing you to your co-workers, supervisor, manager, customers, clients, or CEO
  • Getting fired from work because you are gay
  • Getting demoted (or otherwise punished) in an act of retaliation for complaining about gay and lesbian sexual harassment
  • Sexual assault
  • Rape

Can You File a Claim Against Your Boss for Gay and Lesbian Sexual Harassment?

Your boss has the responsibility to provide a workplace free from sexual harassment. You cannot get fired from work in an act of wrongful termination or otherwise retaliated against for reporting gay and lesbian sexual harassment or denying the advances of your harasser. If you experienced gay and lesbian sexual harassment at work, you have a right to fight back. You can file a claim with the appropriate federal or state court or agency.

To learn more about filing a federal or state lawsuit for sexual harassment, contact an experienced sexual harassment lawyer in your state. They can direct you towards the best options to file your claim.

Call our compassionate sexual harassment lawyer in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your gay and lesbian sexual harassment claim.

When Should You File Your Gay and Lesbian Sexual Harassment Claim Against Your Employer?

Federal law requires you to file a claim for sexual harassment within 180 days of the event. In some states, the federal statute of limitations is 300 days if the state has a sexual harassment law of its own. State law time limits vary. To determine your rights under your state’s laws, it is best to speak with a qualified LGBTQ lawyer specializing in gay and lesbian sexual harassment in your state.
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Can You Receive Compensation for Your Claim of Gay and Lesbian Sexual Harassment?

As a gay and lesbian sexual harassment victim, you have every right to seek compensation. Compensation may include financial relief, such as money for pain and suffering, emotional distress, and lost wages. Remedies may also include requesting your company fire your harasser and change company policies to address gay and lesbian sexual harassment in the future.

A Few Things You Should Do Immediately

As a victim of gay and lesbian sexual harassment at work, the first thing you need to remember is that it is not your fault. You did not bring this behavior on. People that act this way are in the wrong and are breaking laws. In order to move your case along, here are a few things you should do right away.
  • Contact the experienced sexual harassment attorneys at the Derek Smith Law Group immediately.
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  • Do not quit your job without consulting with your attorney first.
  • File a written complaint regarding the sexual harassment with HR.
  • Gather evidence. Document everything, including who was involved, where and when it occurred, what occurred, and who witnessed the incident. Gather emails, text messages, and photos.
  • Do not waste time. Your time to file a lawsuit is limited. Do not wait until it is too late.

Sexual Harassment Based on Perceived Sexual Orientation

You do not actually have to identify as gay, lesbian, transgender, bisexual, or queer to pursue a sexual harassment lawsuit. Laws prohibit workplace discrimination (including harassment) based on “actual or perceived” sexual orientation. For example, you were repeatedly called “queer,” “fag,” and “homo” at your job, but your identity as heterosexual. You may still be entitled to compensation for sexual harassment. You can be harassed by a member of the same-sex, or of the opposite sex. The harasser could be your supervisor or co-worker.
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Gay and lesbian Sexual Harassment: By the Numbers

Since many instances of workplace sexual harassment go unreported, the numbers surrounding gay and lesbian discrimination are still uncertain. But, working with the data available, the researchers at the Williams Institute on Sexual Orientation Law and Public Policy have assembled this data:

  • Fifteen percent to 43 percent of gay and transgender workers have experienced some form of discrimination on the job.
  • 90 percent of transgender workers report harassment at work.
  • Eight percent to 17 percent of gay and transgender workers report being passed over for a job or fired because of their sexual orientation or gender identity.
  • Ten percent to 28 percent received a negative performance evaluation or were passed over for a promotion because they were gay or transgender.
  • Seven percent to 41 percent of gay and transgender workers were verbally or physically abused or had their workplace vandalized.

Abuse on the job isn’t just a nuisance — it is a threat to your safety and well-being. Gay and lesbian victims of sexual harassment many deals with extreme psychological repercussions such as stress, anxiety, depression, and even suicidal tendencies. If you have been harassed at work, you may wish to seek psychological as well as legal help.

Contact Our Experienced Sexual Harassment Attorneys for your Free Consultation

You expect to be treated as an equal in the workplace, no matter your sexual orientation. When your employer fails to provide this basic right, you must fight back and make sure your employer is brought to justice. If you are a victim of gay and lesbian sexual harassment, the experienced sexual harassment attorneys at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles can help.

Were You Targeted for Sexual Harassment Because of Your Sexual Orientation? As a Gay or Lesbian Employee, Would You Like to Know More About Your Rights? Please Call Us at 800.807.2209 for More Information.

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