Employers have long been prohibited from discriminating against employees based on their sex. In recent years, many states – including Nevada – have gone a step further to protect employees from discrimination or harassment based on their sexual orientation. While there are no federal laws specifically prohibiting sexual orientation by private employers, the Equal Employment Opportunity Commission (EEOC) has advised that sexual orientation discrimination is considered to be a form of sex discrimination and is, therefore, unlawful.
Even though sexual orientation discrimination and harassment are against the law, too many employers may still base employment decisions on a person’s sexual orientation or may allow a harassing environment in the workplace. If you believe that you have been the victim of sexual orientation discrimination, you should not hesitate to call HKM Employment Attorneys in Las Vegas for help today.
Your Rights Under the Law
Sexual Orientation Discrimination Cases Explained – Video
All sexual orientations are protected by state law including heterosexuality, bisexuality, and homosexuality. Employers may not discriminate against employees based on any of the following factors:
- Actual sexual orientation;
- Perceived sexual orientation;
- Non-conforming with traditional gender stereotypes;
- Gender identity;
- Gender expression;
- Gender transitioning.
Decisions regarding hiring, promotions, pay and benefits, job assignments, or termination may not be based on a person’s sexual orientation or gender identity. In addition, individuals should be allowed to use restrooms and other facilities based on the gender with which they identify. If a person is denied an employment or advancement opportunity or is otherwise treated unfairly by a company based on these factors, they have the right to hold the company liable for its unlawful actions.
Harassment Based on Sexual Orientation or Gender Identity
Harassment is a common form of workplace discrimination based on sexual orientation or gender identity. Harassment can take many forms, including:
- Offensive jokes;
- Slurs or derogatory terms;
- Refusing to call an individual by their preferred name or pronoun;
- Comments of a sexual nature or regarding their sexual preference;
- Threats or physical violence.
If a company learns that an employee is dealing with a hostile work environment due to sexual orientation harassment, and takes no action, the employee has the right to compensation for any monetary losses or emotional harm suffered.
Furthermore, if an employee complains of sexual orientation discrimination or harassment, an employer is prohibited from retaliating against the employee. Retaliation can include demotion, an undesirable transfer, denial of promotion, termination, or any other adverse employment action.
Discuss Your Situation With a Las Vegas Sexual Discrimination Lawyer Today
At HKM Employment Attorneys, we stand up for the rights of Las Vegas employees who have suffered harm due to sexual orientation or gender identity discrimination or harassment. Our highly experienced employment attorneys will evaluate your situation to determine whether your rights have been violated and help you take the legal action necessary to exercise your rights. Discrimination and retaliation cases can be complex and our legal team has the resources and skill to provide the representation you need to recover financially for your losses. Please contact our office today for help.