Discrimination against one’s sexual orientation or gender identity can create a hostile work environment for all involved. If you have identified potential instances of sexual orientation discrimination in your workplace, you may have a viable lawsuit. Learning more about your rights and talking to an attorney can help you determine any illegal treatment and decide your next steps.
Can I Sue My Employer for Sexual Orientation Discrimination?
If you think you have experienced discrimination at your workplace, fighting back can help you stop future discrimination and potentially win reparations from past instances.
To prepare to potentially take a sexual orientation discrimination case to court, you’ll need to go through several steps to understand your experiences through the lens of applicable laws.
Identify Sexual Orientation Discrimination
Discrimination against a person’s sexual orientation or gender identity can take many forms and can come from anyone at your workplace, including coworkers, supervisors, CEOs and customers.
If you feel uncomfortable or unsafe with the way someone is treating you at work, their words or actions may be a sign of illegal behavior. Some common examples of gender identity or sexual orientation discrimination include:
- Unfair treatment
- Wrongful termination
- Derogatory remarks
- Intentional misuse of pronouns
- Harassment, including sexual harassment
- Wage and benefits disparities
If you suspect you are being treated unfairly based on your sexual orientation or gender identity, you may be able to pursue legal action. Discuss the various types of sexual orientation discrimination with your attorney. While you may already feel you have experienced discrimination, your lawyer may help you determine additional instances to include in your case.
How to Prove Sexual Orientation Discrimination
While consulting with a lawyer is an important way to make your voice heard, you will always be the biggest advocate for yourself. One important way to prepare for a potential lawsuit is to gather evidence yourself, even before taking any legal action.
After you have experienced any potential instances of LGBTQ discrimination, collect and note as many details as possible. Proof of your experiences may look like:
- Physical evidence: Compile any written proof pertaining to the incident, such as emails and texts. You will also want to save any other types of evidence, such as photographs or objects, that could help your case if you have one.
- Witnesses: Think back to the incident and make a list of any people who witnessed the discrimination. These people may help you prove your potential case later on.
- Personal notes: As soon as possible after each incident, write a detailed explanation of what happened, even if you are unsure whether it would be considered discrimination in a court of law. Try to include as many accurate, unbiased components as possible, as well as names, dates and times so your notes can serve as a trustworthy record of the events. Only write what you would be comfortable with others reading.
Familiarize Yourself With the Laws
Some states have explicit, statewide laws prohibiting workplace discrimination based on sexual orientation, while others, such as Pennsylvania, follow federal law outlined in Title VII of the Civil Rights Act of 1964. The Civil Rights Act protects all Americans from discrimination in many areas of life, including discrimination at workplaces with over 15 employees. Additionally, in Pennsylvania, the Pennsylvania Human Relations Act provides similar protections for employees at workplaces with 4 or more employees.
Title VII states it is illegal for an employer to discriminate against a person in any way based on their sex. As of 2020, this law officially includes sexual orientation and gender identity, as discrimination based on those identities would not happen if not for considerations of a person’s sex.
Depending on where you work, you may also be protected by local government laws and anti-discrimination policies at your specific workplace. If you meet with an attorney, they can help you relate your experiences to laws pertaining to your location and situation.
Report Your Experience to Your Workplace
Before attempting to take legal action, review your workplace’s discrimination policies to see if there are already any rules in place to protect you from sexual orientation discrimination. You may also want to speak with your employer before you potentially sue them to see if you can peacefully resolve the issue without legal intervention.
Reporting your experience to your workplace’s human resources department or a trusted supervisor is also an important step. Being transparent with your workplace may help you avoid or win a lawsuit if you have a case. As with any other communication pertaining to the incident, communicate with your employer in writing, so you can keep the correspondence for your records. While it’s common for employees to be nervous about making these types of reports, applicable state and federal laws protect you from retaliation for making a good faith report of sexual orientation discrimination.
Sometimes, the people discriminating against you may not realize their words or actions are harmful and will stop or change their behaviors. Your workplace may even be willing to work with you to change or implement policies to help create a better environment for all.
However, if you feel unsatisfied by your employer’s response to the situation and want to know your legal options, you can consult with a lawyer to emphasize the seriousness of your situation.
Talk to an Experienced Employment Attorney
Having a knowledgeable lawyer on your side from the beginning can help you understand what you have experienced. A legal professional can work with you to analyze your situation, define illegality and determine any potential arguments your employer could use against you in court. Find a lawyer you can consult with before making a financial commitment so you can decide whether they can support your case if you have one.
After working with your lawyer, if you have grounds for a viable lawsuit, your specific situation will determine your next steps. Timeliness is key. Depending on where you work and what category of employer you work for, you will have a specific timeline you must follow, which begins at the time of your discrimination experience. Often, you must file for a charge within 180 calendar days of the discrimination.
Keeping up with the specific rules that pertain to your case can help you better understand your sexual orientation discrimination lawsuit if you have one.
Let Weisberg Cummings Help You
If you believe you have experienced sexual orientation discrimination at work, the law can be on your side. When considering taking legal action after possible sexual orientation discrimination, the experienced employment lawyers at Weisberg Cummings are here to help.
Our attorneys dedicate themselves to learning about each client’s individual situation. We will work with you to investigate your workplace, study your experience and identify any claims you have, including ones you may not be aware of. Our mission is to help you define and defend your rights in the workplace.
Contact us today for a free consultation.
