Gender and sexual discrimination involve mistreating a person because of their sex or gender.
According to Title VII, discriminating a person based on their gender identity, which includes the transgender status, or sexual orientation is considered discrimination and is illegal.
Employers should not discriminate against employees due to their gender or sexual orientation when firing, hiring, paying, promoting, giving job assignments, providing fringe benefits, training, or laying off employees.
It is also illegal to harass a person due to their gender. The following are instances of sexual harassment:
- Requesting for sexual favors
- Making unwelcome sexual remarks
- Making comments that are offensive made in relation to a person’s gender or sex
- Physical or sexual harassment
The victim of sexual harassment can be of any gender while the harasser can be a colleague, a supervisor, or even a customer.
However, sexual harassment law does not criminalize offhand remarks, teasing, or minor isolated incidents. For the harassment to be illegal, it must be so offensive to the victims that it creates a hostile work environment or a negative employment action on the victim, such as demotion or termination.
Failure to act on sexual or gender discrimination claims can expose a firm and the management to criminal liability. Therefore, a company should conduct a thorough investigation and reprimand the person found to be guilty of a sexual discrimination act.
The Civil Rights Act and the Equal Employment Opportunity Commission (EEOC) regulations prohibit discrimination due to sexual orientation. It is a form of sex discrimination. While no federal law explicitly states that discrimination of gender and sexual orientation is illegal, Virginia is one of several states that have stepped up to protect workers.
Why Hire a Sexual Orientation Discrimination Lawyer
A gender and sexual orientation discrimination lawyer in Arlington, Virginia can offer advice and train managers and employees on issues concerning gender and sexual discrimination. The attorney has a great understanding of harassment law, and can also help your firm avoid liability.
A sexual harassment attorney can help you come up with policies, culture, and practices that can help the company avoid and prevent all forms of sexual harassment. Also, if an allegation has been made by an employee against a colleague of a third party related to the firm (like a customer), the attorney can carry out investigations in a fair and effective manner.
If you choose to hire an internal investigator, the attorney can oversee the investigation to ensure the results are not biased.
Hiring a gender and sexual orientation discrimination lawyer in Arlington, Virginia will ensure you get the legal advice and representation you need when it comes to sexual and gender discrimination issues. Contact HKM Employment Attorneys LLP to schedule a free consultation. We represent clients from all over Northern Virginia, including Arlington County, Fairfax County, and Alexandria. We can give you legal advice on what actions to take regarding an employment discrimination claim.