Federal law prohibits employers from discriminating against members of the LGBTQ+ communities. Many state laws also prohibit such discrimination.
Unfortunately, some employers fail to obey the law. Examples of LGBTQ+ discrimination in the workplace include (but aren’t limited to):
- Refusal to hire
- Demotion
- Termination for illegitimate reasons
- Allowing members of the LGBTQ+ communities to be subject to harassment and other such forms of mistreatment
Although such discrimination may still occur, workers should understand they can take legal action when it does. Doing so can allow a victim to seek damages they may be owed.
How To Handle LGBTQ+ Discrimination
Experiencing any form of LGBTQ+ discrimination (such as gender discrimination or sexual orientation discrimination), in the workplace can be painful. That said, it’s important to understand that you can hold your employer accountable for such mistreatment. To address LGBTQ+ discrimination, follow these key steps:
- Document the incident: If you experience or witness LGBTQ+ discrimination, it is important to document the incident. Write down the details of what happened, including the date, time, and any witnesses who were present. This will be useful if you decide to report the incident or take legal action.
- Gather and maintain evidence: Strengthen your case by saving any evidence you may have that demonstrates LGBTQ+ discrimination has occurred and/or is continuing to occur. This may include emails, memos, chat logs, and witness statements. You should also research your workplace’s anti-discrimination policies.
- Report the incident: If you feel comfortable doing so, consider reporting the incident to your employer or HR department. Many companies have policies in place to protect employees from discrimination and will take steps to address the issue. You may also consider reaching out to a supervisor or manager if you do not feel comfortable reporting the incident to HR. Keep detailed copies of any documentation relating to the manner in which your employer investigates or addresses your concerns.
- Speak with an attorney: If the discrimination you experience is severe and your employer does not address the issue, you may consider taking legal action. Consult with a lawyer or legal organization that specializes in LGBTQ+ discrimination to understand your options and see if you have a case.
- File a claim: Your first means of taking legal action in these circumstances may be to file a claim with the U.S. Equal Opportunity Employment Commission (EEOC) and/or the other relevant agency in your state. The agency will conduct an investigation. Upon completing said investigation, they may either file their own lawsuit or provide you with a right-to-sue letter informing you of your right to file a lawsuit yourself.
Get Help With Your LGBTQ+ Discrimination Claim
Research indicates nearly half of all LGBTQ+ workers have experienced some form of unfair treatment at work. If you’ve experienced discrimination due to being a member of the LGBTQ+ communities, strongly consider reviewing your case with an attorney.
An LGBTQ+ lawyer may be able to help you secure compensation and/or reinstatement. To get started, complete the Free Case Evaluation on this page to get connected with an independent, participating attorney who subscribes to the website.
