Does your employer treat you differently from others in your workplace on account of your sexual orientation? Have you been denied certain benefits simply because of your sexual orientation? You may have a case for sexual orientation discrimination.
Despite the fact that several federal, state, and local laws have materially changed the situation in workplaces, sexual orientation discrimination still occurs.
The law exists to protect you from any sort of discrimination in the workplace. It also gives you several employment rights that you are entitled to enjoy, free from discrimination.
What is Sexual Orientation Discrimination?
A person’s sexual orientation is his or her sexual preference. Discrimination occurs when you are harassed or subjected to different or unfair treatment simply because of your sexual orientation.
Unfortunately, the Kansas chapter of the American Civil Liberties Union (ACLU) states that discrimination against the LGBT community is common throughout the state. In addition to impacting your civil rights, it can seriously impair your employment prospects and opportunities for advancement in your career. Have you been overlooked for a deserved promotion? Have you had your employment wrongfully terminated because your employer disagrees with your sexual orientation? Have you been given baseless queries on account of your sexual preference? You may have a case for sexual orientation discrimination.
What Would Constitute Sexual Orientation Discrimination?
Under the Kansas statutes, there are several actions that could constitute sexual orientation discrimination. They include:
- Hiring or refusing to hire certain persons over others because of their sexual orientation.
- Firing certain employees because of their sexual orientation.
- Arranging work schedules and appointments on the basis of sexual orientation.
- Instituting different pay schedules on the basis of sexual orientation.
- Segregating or classifying employees according to sexual preference.
- Harassment at the workplace because of a person’s sexual preference.
- Crude or improper jokes directed at a person’s sexual orientation.
- Failure on the employer’s part to put an end to discrimination in the workplace.
How Can You Tell That You Have Been Discriminated Against?
Most forms of discrimination are not always obvious. This makes them difficult to identify and prove. The same is the case with sexual orientation discrimination. There are some things you can look out for, though.
In the interview process, you can pay attention to certain questions that seek to inquire into your sexual orientation. If it is absolutely required that you disclose your sexual orientation before you can be hired, then your sexual orientation may be a factor in the employment.
If you are constantly being subjected to inappropriate comments about your sexual orientation or if you are the subject of hate on account of this, you may be experiencing sexual orientation discrimination. Jokes, slurs, cartoons, and improper mimes can also qualify.
What You can do About it
If you are being subjected to discrimination from your co-workers because of your sexual orientation, you can speak to your human resources manager about it. You can also notify your employer so that he or she can put a stop to it. If nothing is being done about the situation or if the measures that were taken are not appropriate, you may need to consider contacting the Kansas City office of the EEOC and consulting with an experienced discrimination lawyer. Do not keep quiet, though. Do not let your rights be infringed upon.
Have Questions About Your Legal Rights? Contact a Sexual Orientation Discrimination Attorney in Kansas City
If you believe you were the victim of sexual orientation discrimination in the workplace, take action right away and contact HKM Employment Attorneys. We are ready to help you during this difficult time.