If you have suffered any kind of discrimination in the workplace, you may be eligible to pursue a claim against your employer under Title VII of the Civil Rights Act. On June 15, 2020, the Supreme Court ruled that the Act protects gay and transgender workers from discrimination in the workplace. Previously, it prohibited discrimination on a basis of color, religion, sex, race, or national origin. The SCOTUS ruling added gender identity and sexual orientation to the protected classifications, protecting LGBTQ+ workers from discrimination.

Examples of LGBTQ+ Discrimination

There are many ways that LGBTQ+ discrimination can occur in the workplace. Just like any other discrimination, a single event or an inappropriate remark would not warrant a claim. An ongoing issue, or multiple negative comments or jokes would show there is an ongoing pattern and could be cause for a claim. If you are fired, demoted, or denied a promotion because of your sexual orientation or gender identity, or if you are constantly hearing rude comments or offensive jokes based on your identity or preferences, you can pursue a claim.

Filing A Workplace LGBTQ+ Claim

If you have been experiencing LGBTQ+ discrimination in the workplace, you will need to file a claim. You should review your employee handbook to see if your company has a set protocol for pursuing a claim. If it does, follow those procedures. Your first step will be to notify your employer by speaking with a manager or by talking with the human resources (HR) department. Be sure to document the process and any responses. If the issue is not resolved, you can file a claim with the Equal Employment Opportunity Commission (EEOC).

You can file a claim with the EEOC online, over the phone, or by mail. A representative will be assigned to your case and will investigate your claim. They will speak with your employer and try to resolve the matter. You may also be able to file a claim with your state, depending on the state’s laws. Many states do have a work share agreement with the EEOC, and when you file a claim with one office it is dually filed with both the federal agency and the state agency.

In New York, you can file a claim with the New York State Division on Human Rights as well. New York employees have three years to file a claim based on employment discrimination under state law. You can file your claim by mail or online. Once you claim is received, they will begin the investigation process and determine the next course of action.

Remedies for LGBTQ+ Discrimination

If you have been the victim of LGBTQ+ discrimination in the workplace, you can ask to be compensated for any damages you suffered because of the discrimination. These damages may include lost wages, lost benefits, mental anguish, and more. The EEOC or state agencies can also fine the employer or enforce penalties if they willfully and intently discriminated against you and/or there is an ongoing pattern of discrimination.

Resources:

• https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-and-protections-lgbt-workers
• https://www.employmentlawhelp.org/wrongful-termination/sexual-orientation 
• https://www.eeoc.gov/filing-charge-discrimination · https://dhr.ny.gov/ 
• https://www.employmentlawhelp.org/sexual-harassment/sexual-orientation-harassment

This article was written by the Outreach Team at Employment Law Help. They provide information on protecting employees' rights. To learn more, please visit their website at https://employmentlawhelp.org/