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Sexual Orientation Discrimination

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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

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.

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.

Contact us today at (800) 807-2209 for your free consultation. We do not collect any money until you win your case.

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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