Employers are not permitted to discriminate against any of their employees in any way if they belong to one or more specific ‘protected’ categories. For example, employers cannot discriminate against employees simply because of their gender identity (trans or cis) or because of their sexual orientation (gay, lesbian, straight).
These are only two of several other protected categories of employees, but for those who are affected by SOGI discrimination (i.e. sexual orientation discrimination and/or gender identity discrimination). Employees who experience such discrimination can file a complaint with state or federal agencies which enforce anti-discrimination laws.
What Is SOGI Discrimination?
Note that most waged employees across the country work on at-will conditions. Employers can fire their employees at any time for just about any reason. Employees can terminate their employment at any time too. However, the one main exception to this situation is when an employer discriminates against one of their employees, not because of their work habits or abilities, but because they identify with, or belongs to, a particular category.
For employees who identify as gay, lesbian or transgender, any such discrimination is hurtful and illegal. Both state and federal laws expressly prohibit that sort of treatment.
Examples of SOGI Discrimination
An employer may discriminate against one of their employees because of their sexual orientation or gender identity when they do these sorts of things, or knowingly do not intervene to prevent these things from happening:
- deliberately refuse to hire them;
- not pay them the correct rate of pay;
- not give them overtime when non SOGI employees are given overtime;
- harassed or victimized openly or through such means as phone calls, texts, emails, notes, verbal taunts or even physical violence;
- fire them because of who they are;
- not offer them promotion despite their work record.
What to Do If You Experienced Discrimination at Work
If you have experienced SOGI discrimination at work, you should first try and address the issue with your employer or directly with the HR department. You should put your complaint in writing and keep any response, so you can use this later as evidence if the discrimination is not addressed. Give clear examples of what you mean when you say you have been discriminated against. If other co-workers have also experienced or witnessed SOGI discrimination or other forms of illegal discrimination at work, you should ask them to write down statements so you can use this as evidence.
Failing a satisfactory response, you should file a complaint with Equal Employment Opportunities Commission (EEOC) if you work in a larger workplace of 15 or more employees or your state’s anti-discrimination agency such as a Human Rights Commission.
Officials of one of these agencies will investigate the complaint and may be able to resolve it. If there is no satisfactory resolution you may be given permission to sue your employer through a civil court.
Get Help With Your SOGI Discrimination Claim
Employers cannot legally discriminate against you solely because of your sexual orientation or gender identity. You may be able to resolve the discrimination through help from a government agency or take the matter further by filing a lawsuit. Fill out the Free Case Evaluation to get connected with an independent employment law attorney who subscribes to the website and may be able to help with your case.
