Members of the LGBTQ+ community often face various forms of discrimination in the workplace. Sometimes, they lose their jobs because of their sexual orientation or sexual identity.
This doesn’t always involve an employer firing a gay employee. Some gay workers feel pressure to resign from their employers.
Did you recently resign because an employer pressured you to do so? If this has happened and you suspect it’s because of your sexual orientation, you may be able to file a wrongful termination claim.
What is Forced Resignation?
Forced resignation is often an alternative to firing that involves asking or pressure an employee to voluntarily leave their job. For example, an employee may be forced to resign if their performance doesn’t meet their employers standards.
In these circumstances, an employer might force an employee to resign to prevent them from having to explain to potential future employers why their last employer let them go.
However, the reasons employees may be forced to resign aren’t always to an employee’s benefit. Some employers force workers to resign to avoid blatantly firing them for discriminatory reasons. This often qualifies as a form of wrongful termination.
What is Sexual Orientation Discrimination?
Sexual orientation discrimination in the workplace occurs whenever an employee treats employees or job candidates unfavorably due to their sexual orientation.
Several federal and state laws in the U.S. prohibit sexual orientation discrimination in the workplace. Noteworthy examples include:
- Title VII of the Civil Rights Act of 1964: This law prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. The Supreme Court has held that this law also prohibits employment discrimination on the basis of sexual orientation and gender identity.
- The Americans with Disabilities Act (ADA): This law prohibits discrimination against individuals with disabilities, including discrimination based on gender identity or sexual orientation.
Unfortunately, some employers don’t obey the law. They may also commit sexual orientation discrimination in subtle ways. Forced resignation is just one example.
What To Do If You’re Forced To Resign Due To Gender Identity
Have you been forced to resign due to your sexual orientation, or do you believe this is likely to happen in the future? If so, take the following steps to gather evidence and strengthen your case:
- Note the time, date, and nature of any instances of sexual orientation discrimination in your workplace, no matter how “minor” they may seem
- Save emails, chats logs, voicemails, and any other such documentation of discrimination
- Keep track of witnesses who can support your allegations
You can begin seeking justice by filing a claim with the U.S. Equal Employment Opportunity Commission (EEOC). When taking legal action, it may be wise to enlist the help of an attorney who handles cases involving sexual orientation discrimination in the workplace. They may assist you in presenting a strong wrongful death claim.
Get Help With Your Forced Resignation Claim
Sexual orientation discrimination in the workplace is by no means a problem society has solved. Surveys indicate nearly half of all LGBTQ+ employees will experience some form of workplace discrimination in their lives.
This may have happened to you if you were forced to resign when your employer learned of your sexual orientation. If so, an attorney could help you build a wrongful termination case. To learn more, complete the Free Case Evaluation on this page to get connected with an independent, participating attorney who subscribes to the website.
