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Sexual Orientation Discrimination

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TABLE OF CONTENTS

Sexual Orientation Discrimination in the Workplace
Discrimination Attorneys Helping Employees Combat Sexual Orientation Discrimination in the Workplace for Over 25 Years
What Is Sexual Orientation Discrimination in the Workplace?
What Are Examples of Sexual Orientation Discrimination at Work?
Is Sexual Orientation a Protected Class Under Title VII of the Civil Rights Act of 1964?
What Are State Laws Protecting Victims of Sexual Orientation Discrimination?
What Is the Time Limit to File a Sexual Orientation Discrimination Claim?
Will a Sexual Orientation Discrimination Claim Take a Long Time to Settle?
What Remedies Are Available for Victims of Sexual Orientation Discrimination?
Do I Need an Attorney to Help File My Sexual Orientation Discrimination Claim?
Contact Our Experienced Sexual Orientation Discrimination Attorneys for Your Free Consultation

Sexual Orientation Discrimination in the Workplace

Discrimination Attorneys Helping Employees Combat Sexual Orientation Discrimination in the Workplace for Over 25 Years

Sexual orientation discrimination targets employees and job applicants based on their sexual orientation (LGBT members and heterosexual employees). Your sexual orientation should be your private business. Choosing to share your status as a member of the LGBT community or as a heterosexual person is your choice. Sharing your sexual orientation should never lead to discrimination in the workplace.

You deserve to work without worrying about sexual orientation discrimination. You deserve to fight back against retaliation, wrongful termination, harassment, or any other negative treatment based on your sexual orientation. Furthermore, you deserve an attorney that believes you have rights in the workplace and will help you fight for them.

What Is Sexual Orientation Discrimination in the Workplace?

Sexual orientation discrimination is a form of sex discrimination. It occurs when a CEO, employer, supervisor, manager, co-worker, client, customer, or non-employee makes unfair employment decisions or harasses an employee or job applicant based on that employee being lesbian, gay, bisexual, transgender, or straight. It is illegal for an employer to discriminate against you for this reason.

What Are Examples of Sexual Orientation Discrimination at Work?

Some examples of sexual orientation discrimination may include, but are not limited to:

An employer fires you because he learns you are gay.
A client refuses to work with you because you are bisexual.
Your co-worker publicly “outs” you to your employer and other co-workers.
Your supervisor refuses to put you on certain shifts because you are straight. He only wants LGBT people working those shifts for “prosperity purposes.”
Your manager demotes you because you come off as “too gay.” She does not want you to represent the company publicly.
The CEO says that anyone who cannot act “straight” will be fired.
Your boss suspends you for reporting another supervisor to HR for making fun of you for being bisexual.
You have come out as transgender. Your employer refuses to call you by your adjusted pronoun.

Is Sexual Orientation a Protected Class Under Title VII of the Civil Rights Act of 1964?

Title VII includes protections against sex discrimination at work. According to the Supreme Court decision in Bostock v. Clayton County, sex discrimination includes sexual orientation discrimination. The court stated that you could not discuss sexual orientation without discussing sex and gender.

You can receive employment protection under Title VII as long as you work for a company with 15 or more employees. You must file your claim with the Equal Employment Opportunity Commission (EEOC) for an investigation before filing in federal court.

What Are State Laws Protecting Victims of Sexual Orientation Discrimination?

Federal laws are not the only place to look for rights and protections against discrimination in the workplace. Many states and cities offer protection against sexual orientation discrimination.

The following state laws and city ordinances protect employees from sexual orientation discrimination in California, New York City, Philadelphia, Miami, Los Angeles, and New Jersey:

New York City’s Sexual Orientation Non-Discrimination Act (SONDA) prohibits discrimination against employees on the basis of sexual orientation.
Philadelphia offers the Fair Practices Ordinance to provide employment protections for LGBT employees.
Miami’s Human Rights Ordinance also prohibits discrimination based on sexual orientation.
New Jersey’s Law Against Discrimination protects members of the LGBT community from workplace discrimination.
California’s Fair Employment and Housing Act (FEHA) prohibits sexual orientation discrimination against employees.

Finally, federal government employees are protected from sexual orientation discrimination under the Civil Service Reform Act and Executive Order 13087.

Contact a sexual orientation discrimination attorney to help you understand your rights under state laws and federal law. They can help you file your claim under the most appropriate laws available to you.

What Is the Time Limit to File a Sexual Orientation Discrimination Claim?

The EEOC handles all Title VII claims for sexual orientation discrimination. The standard statute of limitations to file an EEOC charge is 180 days. If your state has a state-wide sexual orientation anti-discrimination law, the EEOC provides a time limit of 300 days to file your federal claim.

Each state sets its own rules for time limits to file your discrimination claim. Some states may provide 180 days. Others provide several years.

When you work with an employment discrimination lawyer, he can ensure you file your claim with the appropriate agency within the correct timeframe allowed by law.

Will a Sexual Orientation Discrimination Claim Take a Long Time to Settle?

There is no telling how long a lawsuit will last. Sometimes a sexual orientation discrimination claim will settle before filing anything with the EEOC or state agency. Other times, your case may go through litigation until the court enters a final judgment. The details of your case and the opposing party determine the length of your case. If your employer wants to settle quickly, your attorney can help you work towards a settlement in a few short months.

However, if your employer refuses to settle, your case may last several years until the courts enter their final judgment. Your experienced attorney from the Derek Smith Law Group can help you negotiate a fair settlement from the beginning of the process. Should your case go to trial, your sexual orientation discrimination attorney will fiercely advocate for your rights until the very end.

What Remedies Are Available for Victims of Sexual Orientation Discrimination?

The Courts are never pleased to see discrimination in employment. People deserve the right to work. If you are a victim of sexual orientation discrimination in the workplace, the courts may offer you the following relief:

Reinstatement of your job and benefits
Payment of related expenses
Changes to company policy
Legal fees
Lost Wages
Money for pain and suffering and emotional distress
Punitive damages

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

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Do I Need an Attorney to Help File My Sexual Orientation Discrimination Claim?

A sexual orientation discrimination lawyer can help you make sense of the complex federal and state laws relating to sexual orientation and employee rights. Each state’s laws offer different protections, different filing deadlines, and different caveats. The federal protections may not apply to your situation.

An experienced discrimination lawyer knows the rules of law best suited for your case. Since no two cases are alike, they can help decipher your specific needs based on the specific events you endured.

Your dedicated discrimination attorney can also help ensure your case is filed with the appropriate agency or court within the proper time limit to ensure your case has a chance of getting heard.

Your discrimination lawyer can help negotiate a settlement as quickly and as fairly as possible. If your case does not settle, your attorney will fiercely advocate for your rights in court to help you have the best possibility to receive justice.

Verdicts & Settlements

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$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Sexual Orientation Discrimination Attorneys for Your Free Consultation

Your sexual orientation is your business. Employers should never use it for employment decisions. If you are a victim of sexual orientation discrimination, the experienced attorneys at the Derek Smith Law Group can help.

Do you have questions about sexual orientation discrimination at work? Please ask your questions at 800.807.2209 or derek@dereksmithlaw.com. Our lawyers are here to answer your questions.

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