Members of the LGBT community face discrimination in a variety of areas, including the workplace. This is why it is essential to understand their coping strategies so that policymakers, organizations, companies, and the LGBT community are aware of the resources available to help mitigate or remove workplace discrimination.
While diversity and inclusion have climbed corporate agendas over the past decade, several LGBTQ+ employees continue to face discrimination, discomfort, and even danger in the workplace.
In addition, everyday interactions with peers and leaders matter as much as organizational policies or formal processes when it comes to actual inclusion. In other words, your organization may not be as diverse as you think.
What is LGBT Discrimination?
Employment laws protect employees against discrimination on the basis of sexual orientation or gender identity. However, what exactly is LGBT discrimination, and how can you prove it?
When a job applicant or employee is treated unfairly because of their sexual orientation, this is known as LGBT employment discrimination. It also protects people from discrimination on the basis of someone’s gender identity, gender expression, or transgender status.
In practice, LGBT discrimination can imply refusing to hire someone, denying a promotion or benefits, or firing someone because of their sexual identity.
LGBT employment discrimination means treating a job applicant or employee poorly because of their sexual orientation or gender identity. This includes refusing to hire someone who identifies as LGBT or terminating an employee due to their sexual orientation.
Federal laws against sex discrimination now cover LGBT employment discrimination, according to a 2020 Supreme Court ruling. As a result, employees cannot do discriminating against job applicants or employees based on sexual orientation and gender identity.
LGBT discrimination laws also protect employees from harassment based on their sexual orientation or gender identity. This includes hostile work environment protections.
LGBT discrimination victims can submit a complaint with the Equal Employment Opportunity Commission (EEOC), or a state or local agency enforces employment laws.
What is LGBT harassment in the workplace?
Offensive statements, conduct, or actions directed against the LGBT community constitute LGBT harassment in the workplace. Harassment based on protected characteristics such as sexual orientation and gender identity is prohibited in the workplace.
Harassment in the workplace can create a hostile work environment and breach anti-discrimination protections. To create a hostile work environment, harassment does not have to be directed at specific employees.
Do federal laws ban LGBT discrimination?
Title VII bans discrimination in the workplace against LGBT people.
Prior to 2020, fewer than half of states had made it illegal to discriminate against LGBTQ people in the workplace. Title VII applies to LGBT employees, according to several federal circuit courts. However, discrimination based on sexual orientation or gender identity was not explicitly prohibited by federal anti-discrimination laws.
The Supreme Court ruled in June 2020 that Title VII covers discrimination based on gender identity and sexual orientation. As a result, LGBT employees are now protected under federal law in every state.
How to handle LGBT discrimination in the workplace?
If you are discriminated against in the workplace because of your sexual orientation or gender identity at work, you can report it to your supervisor or human resources. Additionally, keeping records of the discrimination might help you build a stronger case if you decide to file a lawsuit.
Discrimination in the workplace can be stressful. Take care of your mental health and emotional well-being in addition to protecting your rights.
How do you prove LGBT discrimination?
Discrimination against LGBT people at work can take various forms. However, by following a few simple steps, you can improve your case for LGBT discrimination. First, keep written records of any conversations or events that you believe have violated your rights.
You should also maintain copies of any reports on the discrimination from your supervisor or human resources, as well as records of your employer’s response to the discrimination.
Keep a journal of the discriminatory acts and harassment you have faced, including dates, places, and times, as well as the names of the people involved and any witnesses. Please do not keep this journal at work; instead, keep it at home or in a safe place.
- Report it in writing
Many employers have discrimination policies in place for LGBT employees. If your employer does, follow the procedure for reporting LGBT discrimination and harassment stated in the employee handbook.
Make a written report to your supervisor or someone in human resources if your employer does not. It is not necessary for this report to belong or be formal. A simple email will do.
- Keep records
Keep copies of emails and other documents related to your complaint that you have sent or received from your employer. Keep copies of any emails or other documents you receive that you think are discriminatory or harassing.
Obtain a copy of your employer’s employee handbook if one exists. Keep copies of any favorable performance reviews or letters as well. Keep these materials at home or in a safe place rather than at work.
- Don’t quit
Nobody wants to be discriminated against because of their sexual orientation at work. That is something we are aware of. Employees who leave before reporting LGBT discrimination, on the other hand, will have a more challenging for winning a lawsuit.
If you are having a difficult time at work, speak with an experienced LGBT discrimination lawyer about how to protect your legal rights.
- Take Care Of Yourself
If you are experiencing emotional distress, anxiety, depression, or other psychological symptoms due to LGBT discrimination or harassment, you should seek professional counseling or treatment.
Contact An LGBT Discrimination Lawyer
You may be able to file a lawsuit against your employer if you report LGBT discrimination or a hostile work environment and your employer does not take action to stop the discrimination or acts against you. A discrimination lawyer can assist you in proving discrimination against LGBT people.
Let an LGBT Discrimination Lawyer Fight for You
In the workplace, lesbians, gays, bisexuals, and transgender people are Discrimination can be seen in organizations even at the top management. Employers should be concerned about a person’s qualifications and ability to take on a job or accomplish specific tasks.
Similar to the majority of workplace discrimination issues, a person’s sexual orientation cannot be used to discriminate against an employee. Whether a person is a lesbian, gay, bisexual, or transgender person, their sexual orientation has no bearing on their ability or inability to execute their work duties.
It has been observed that many organizations, particularly the police and fire departments, are socially conservative and are hesitant to accept people who, in their view, are of a different sexual orientation.
Individuals who testify against discrimination against LGBT people are ignored at work and face retaliation from others. Sexual harassment is a problem for members of the LGBT community in the workplace.
Workplace discrimination against LGBT people is banned in California. The law protects the LGBT community’s rights. When compared to federal laws, California’s LGBT discrimination laws are more stringent and favorable to LGBT employees.
If you or a family member has been the victim of LGBT discrimination, please do not hesitate to call Khashan Law’s team of experienced employment discrimination lawyers for a free, confidential consultation.
We have successfully represented members of the LGBT community who have been harassed or fired unfairly because of their sexual orientation. We can assist you if your employer has mistreated you because of your LGBT status. To file a case of LGBT discrimination, call (951) 461-2387.