There are federal and state laws on the books that can protect people from discrimination at work. Going after an employee based on their race, national origin, and other protected characteristics can get a workplace into a lot of trouble, but what about sexual orientation or gender identity? Are LGBTQ+ employees protected? There are protections and you do have recourse if you are an LGBTQ+ person who feels as if they have been discriminated against in the workplace. If you want to report an issue, a Chesterfield County employment discrimination attorney is ready to help you.
Are LGBTQ+ Employees Protected From Discrimination?
In most cases, LGBTQ+ employees should be considered to be protected from discrimination thanks to Title VII of the 1964 Civil Rights Act. This prohibits a workplace from discriminating against someone due to their sex, but courts have ruled that this protection also extends to gender identity and sexual orientation. This means that a worker has legal recourse when they are being mistreated.
LGBTQ+ workers also have the same expectation that they will not be harassed based on their sex, gender identity, or sexual orientation. Our firm is also ready to help anyone who is going through this at their job.
What Qualifies as Discrimination Against LGBTQ+ Employees?
Discrimination is not the occasional offhand comment or poorly considered joke from a colleague, as annoying as those can be. To show discrimination, there has to be a pattern of behavior. This behavior can make an LGBTQ+ person uncomfortable on the job and makes for a hostile work environment.
LGBTQ+ employees can also be discriminated against when it comes to getting promotions, raises, or other benefits. This can be harder to prove, but if you have evidence or suspicions that your sexual orientation or gender identity have interfered with your ability to climb the corporate ladder, our employment attorney would like to hear about it.
What Should I Do If I Believe I Am Being Discriminated Against?
One of the most important steps is to document everything. If you have emails or other correspondence that show incidences of harassment or discrimination, keep them. If poor behavior is recorded, make multiple copies of it. Build your case and then get ready to report your workplace to the government.
Should LGBTQ+ Employees Report Discrimination to the State or the Federal Government?
Virginia residents can report discrimination to the state’s Office of Civil Rights or the federal government. The entity that oversees workplace discrimination in the federal government is known as the Equal Employment Opportunity Commission, or EEOC.
Once you make a report to one of them, the investigation begins. We recommend having a lawyer help you with this. It can be difficult to craft a report that is compelling enough to get either of these agencies to investigate a workplace and you only have one chance at this. An attorney can help you make the most effective argument.
Talk to an Employment Lawyer
If you are being discriminated against or harassed at the workplace, it’s time to fight back and put a stop to it. Contact Passero Employment Law and learn more about how an attorney can help LGBTQ+ employees who are facing problems just like yours. Schedule your consultation today.