Work Discrimination Due to Sexual Orientation
LGBTQ discrimination law is in a constant state of flux. It’s complex and always in the media.
As we write this it is still technically legal to fire an employee for their sexuality in Ohio. A recent federal Supreme Court decision, however, indicates that LGBTQ+ discrimination cases should be handled just as gender discrimination matters are. In effect, discrimination based on sexual orientation is considered a form of sex discrimination.
The crux of it is that employers are not allowed to discriminate based on sexual orientation. Employers also cannot discriminate against employees or applicants who exhibit what they consider ‘nonconforming’ behavior.
No matter what form it takes or how it manifests itself, LGBTQ+ discrimination in the workplace is illegal. You do not need to accept it, you can fight back – with Hux Law Firm, LLC’s help.
What is LGBTQ+ Discrimination?
The 2020 Supreme Court decision in Bostock indicted that discrimination based on sexual orientation is covered under Title VII of Civil Rights Act of 1964.Discrimination against workers based on their sexual orientation is illegal under federal law.
LGBTQ+ discrimination in the workplace takes many forms and can occur anytime – even during the hiring process. It is unlawful to discriminate against someone because of their sexual orientation/identity when it comes to the terms, conditions, or benefits of employment including promotions, terminations, layoffs, compensation, job assignments, discipline, and training.
How Do I Know It’s LGBTQ+ Discrimination
Simply put, employees must be treated as equals in the workplace no matter what their sexual orientation and/or identity is. An employee’s sexuality should never be a factor when considering pay, promotions, work evaluations, or any other normal business considerations.
If a business:
- Hires someone less qualified than you.
- Terminates your employment despite satisfactory performance reviews.
- Promotes under qualified employees over you.
- Overlooks you when handing out choice assignments.
- Lays you off despite seniority or expertise.
- Imposes unfair or disproportionate disciplinary action.
…based on your sexual orientation and/or identity, your rights have been violated.
What to Do
Report it – in writing – to the Human Resources department. The sooner the better. Then document everything you can from performance reviews to emails and notices. As you do that, call us. You need legal advice, LGBTQ+ discrimination cases are complicated.
If you are being discriminated against because of your sexual orientation, call Hux Law Firm, LLC for a free consultation. Hux Law Firm, LLC has pursued all manner of LGBTQ discrimination actions throughout Ohio. We know the process, we know the courts, and we know what’s at stake. Let’s Stop LGBTQ+ Discrimination in the Workplace…by starting with you.