Currently, more and more countries are accepting diversity in sexual orientation. However, there are some employers who will fire you for having a specific orientation. Even placing a photo of your partner can attract discrimination. The law prohibits discrimination based on gender identity, gender expression, and sexual orientation. Specifically, Title VII, enforced by the U.S Equal Employment Opportunity Commission, finds that sexual orientation discrimination is discrimination because of sex. Consult Queens sexual orientation discrimination lawyers at Ricotta & Marks, P.C. if you feel that you have wrongfully been denied a job or fired due to your orientation. Here is more information:
Are employers allowed to enquire about a worker’s sexual orientation?
The EEOC prohibits employers from making hiring decisions based on sexual orientation or gender identity. Title VII also indicates that questioning someone about their sexual orientation when hiring is irrelevant and could form the basis of a claim of discrimination if that information and questioning is used in denying someone a position that they are otherwise qualified for. However, situations may change from location to location. That is why you should always seek a qualified sexual orientation discrimination lawyer’s guidance if you are unsure of what to provide during the employment stage. They will also guide you when filing your claim.
How do you identify discrimination?
You should consider filing a lawsuit if you are experiencing any of the following:
- Disparaging treatment: This occurs when you are fired, denied a promotion, or not hired because you are lesbian, gay, bisexual, or transgendered. Alternatively, disparaging treatment could mean that the supervisor treats you negatively compared to other workers of a different sexual orientation.
- Harassment: Harassment occurs in different forms. It could be increased negative comments, jokes, threats, or other actions that create a hostile working environment for you. Statistics reveal that 90% of transgender employees have reported some kind of harassment.
- Benefits discrimination: Imagine you are in an organization that provides benefits to couples. However, the management denies you these benefits because you do not fit their definition of marriage. According to the Supreme Court, gay marriages should be given the same recognition as heterosexual marriages in workplaces.
What should I do if I am discriminated against as an LGBTQ employee?
If you notice discrimination based on your sexual orientation, there are some steps you should follow to protect your right. First, keep a journal with the specific details of the discrimination instances. Report your issue to the relevant management that could be a supervisor or human resource. Remember to keep copies as proof that you reported harassment or discrimination. Please make sure they are safe at work or home. Finally, do not quit before you receive the protection that you deserve. Let an experienced lawyer walk with you through every step of the journey for legal advice and representation.
Why should you work with an experienced lawyer?
The employer will not easily accept fault and compensate you. An experienced lawyer will help you gather evidence and win your lawsuit. Remember, LQBTQ is prohibited by local, state, and federal law. Attorneys at Ricotta & Marks, P.C. are committed to protecting the rights of their clients. Everyone deserves fair treatment in the workplace. Schedule an appointment online today or call the offices at (347) 464-8694 if you are a victim of sexual orientation discrimination.