If you are a victim of LGBTQ workplace discrimination, you may be able to pursue a claim against your employer to recoup compensation for your damages or in some cases, have your job reinstated. You have protections through Title VII of the Civil Rights Act. While the Act has long offered protections based on race, ethnicity, religion, sex, and national origin, a ruling by the U.S. Supreme Court in June 2020 said it also prohibits discrimination based on sexual orientation or gender identity, so the LGBTQ community is protected.
Examples Of LGBTQ Workplace Discrimination
Sometimes workplace discrimination is more subtle than others, but at times, it can be obvious and blatant. A one-time incident or inappropriate remark does not warrant a workplace discrimination claim, but if there are repetitive actions and an ongoing pattern, you have grounds to pursue a workplace discrimination claim. Job termination, being denied a promotion, being demoted, or being changed to a more undesirable schedule because of your sexual orientation is reason for a workplace discrimination claim against your employer. Be sure to maintain documentation and evidence to back up your claim and to show what happened.
Pursuing A Workplace LGBTQ Discrimination Claim
If you have suffered LGBTQ workplace discrimination, you can pursue a claim against your employer. Before getting a claim underway, review your employee handbook to see if there is a process for pursuing such a claim against your employer. If there is, then you should follow proper protocol. Be sure to keep copies of all supporting documents and evidence, and document everything regarding your claim. You should maintain proof that your employer was made aware of the allegations. If the matter does not get properly resolved, you should notify the proper state agency or contact the Equal Employment Opportunity Commission (EEOC).
You can visit the website for the EEOC or the appropriate state agency. You can start your claim online, over the phone, or you can schedule an in-person appointment. Your claim will be assigned an EEOC representative, and they will investigate the allegations. If you file a claim with the EEOC and there is a state agency, they may have a work-share agreement. Notify the office that you want them to share the details with the other agency and they will then work together, with each agency investigating the allegations. They will both work to resolve the issue and come up with a satisfactory resolution for you.
Remedies For LGBTQ Workplace Discrimination Violations
If you have suffered LGBTQ workplace discrimination, you should consult with an employment law attorney. Workplace discrimination claims must be filed within 180 days of the incident, so time is limited. Your lawyer will investigate, gather supporting evidence, and help you determine the best way to proceed with your claim. The EEOC or state agency can also invoke criminal penalties or fines, and you can recoup compensation for damages, such as lost earnings, mental anguish, and lost benefits. Get a free case review today.
Additional Resources
- What States Have The Best LGBTQ Protections In Place?
- Steps LGBTQ+ Workers Can Take If They Are Experiencing Discrimination in the Workplace
- CFO Wrongful Termination
