In recent years, laws protecting the rights of LGBTQ people have gained traction. Organizations like the Human Rights Campaign continue to fight tirelessly, demanding legislation to protect the rights of lesbian, gay, bisexual, transgender, and queer people. Those efforts finally paid off.
In June 2020, the United States Supreme Court delivered a historic ruling. Now, just as sex, race, national origin, religious freedom, disability, and age discrimination are prohibited under Title VII of the Civil Rights Act of 1964, so is LGBT discrimination.
What Is Sexual Orientation Discrimination?
If you are treated unfairly or harassed because your real or perceived sexual orientation (gay, lesbian, bisexual) or gender identity is different than other employees, you could be experiencing sexual orientation discrimination.
What Is Gender Discrimination at Work?
Workplace discrimination against an employee because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.
If you’re treated differently at work because of the gender with which you identify and project to society and your coworkers, you could be experiencing gender discrimination.
What Are Examples of Sexual Orientation Discrimination in the Workplace?
Although prohibited by federal law, LGBT discrimination is still present in the workplace. While some types of employment discrimination are blatantly obvious, others are more covert. Examples of both include:
- Passed up repeatedly for promotions although you’re highly qualified
- Unjustified or vague verbal warnings or write-ups
- A transgender employee is fired after sharing she plans to present as a woman
- Co-workers continually refer to an employee by the wrong name or pronoun
- Denying a lesbian time off to attend doctor appointments with her pregnant partner, yet approving a similar request from a heterosexual couple
- Keep employees who are openly homosexual or transgender from positions requiring contact with customers
Sometimes discrimination escalates to harassment. Bullying, name-calling and insults, sending offensive photos or jokes via email, and threatening behavior should not be tolerated. If an employer knowingly allows a hostile work environment, they are in violation of your employment rights.
Is Sexual Orientation Discrimination Illegal in Indiana?
When it comes to gender identity, transgender people, and the LBGTQ community as a whole, non-discrimination laws vary greatly from federal to state and local levels. And, although the June 2020 Supreme Court decision was a landmark ruling, Indiana state laws have yet to follow suit.
The good news is that many cities and counties have adopted their own laws prohibiting sexual orientation and gender identity discrimination. Some counties that have non-discrimination protections for their Hoosiers include:
- Indianapolis/Marion County
- South bend
- Terre Haute
Sexual Orientation Lawyers in Indiana
As a result of the Supreme Court decision, all lesbian, gay, bisexual, and transgender people have the same rights that are enforced by federal law and the Equal Employment Opportunity Commission (EEOC).
If you have experienced sexual orientation or gender identity discrimination, you may be able to take recourse through federal court. At HKM Employment Attorneys, or discrimination lawyers are experts in employment law.
To find out if you have a discrimination case that will hold up in federal court, contact our law office today for legal advice. We’ll review your discrimination claim and work tirelessly to assure your rights are upheld.