We live in a more progressive and accepting era than we were just a few decades ago. Yet, members of the LGBTQ+ community still face discrimination and harassment at work because of their sexual orientation or gender identity. Such harsh and harmful treatment is unacceptable and must stop. Ending this type of conduct requires shining a light on injustices. However, it can be difficult for victims and witnesses to speak up for a variety of reasons.
At Nisar Law Group, P.C., we do not believe anyone should be subject to unlawful conduct because of their actual or perceived sexual orientation or gender identity. We proudly stand behind those who have had to endure mistreatment in the workplace, giving them a voice during a difficult time. We also want to give those who might still be struggling to come forward information that may help empower them.
This blog discusses the rights and legal options for individuals discriminated against because of their sexual orientation or gender identity. Recognizing when their rights have been breached and knowing what steps they can take can spur action that can lead to change.
What Is Sexual Orientation Discrimination in the Workplace?
Sexual orientation in the workplace is characterized as negative treatment affecting an individual's ability to do their job. It can also create a hostile work environment for both the victim and witnesses.
Typically, sexual orientation discrimination involves subjecting an applicant or employee to adverse employment actions.
For example, they might be:
- Denied a position,
- Bypassed for a promotion,
- Terminated, or
- Denied benefits.
The individual is singled out because of their membership in the LGBTQ+ community.
Significant Rulings and Laws Concerning Sexual Orientation Discrimination
In June of 2020, the U.S. Supreme Court ruled, in a 6-3 decision, that federal laws prohibit sexual orientation and gender identity discrimination in the workplace.
Specifically, Title VI of the Civil Rights Act of 1964 makes it unlawful for employers to allow, facilitate, or willfully overlook discrimination based on sex.
How Can I Enforce My Rights?
If you were subject to sexual orientation or gender identity discrimination at your job, you can take legal action. One of the first things you can do is speak with an employment law attorney about your situation. They will ask questions about the treatment you have endured. It might be challenging to talk about your experience. This is understandable, but discussing what happened and providing detailed information can help your lawyer determine whether you have a strong claim.
Coming forward is hard, but do not delay taking a stand. Strict deadlines exist for filing a sexual orientation or gender identity discrimination claim with the Equal Employment Opportunity Commission (EEOC) or your state agency.
For help through the claims process in New York, please reach out to Nisar Law Group, P.C. We are here to help you and protect your rights and best interest.
Call us at (646) 760-6493 or contact us online to schedule your consultation.