Gender defines the sex in which a person was born as either male or female. Sexual orientation, on the other hand, describes the sexual preference of an individual. The legal sexual orientations are heterosexual, gay, lesbian, bisexual, and transgender.
Sexual orientation discrimination is a form of workplace discrimination whereby a person is treated poorly or differently because of the individual’s sexual preference. Gender discrimination is whereby a person faces harassment or unfair treatment because of the individual’s sex. You don’t have to face discrimination because you’re male, female, gay, lesbian, or bisexual to make it illegal.
The city of Phoenix is one of six Arizona cities that outlaws explicitly employment discrimination based on sexual orientation or gender identity and expression. The federal Equal Employment Opportunity Commission enforces prohibitions against gender and sexual orientation employment discrimination in Title VII of the Civil Rights Act of 1964. Arizona state law does not prohibit sexual orientation and gender discrimination in the workplace, although proposed efforts like HB 2546 and SB 1249 seek to change that.
Consult HKM Employment Attorneys for legal counsel with a claim for sexual orientation or gender discrimination. A lawyer can assist you in getting justice against your employer or employees who harass you at work.
Cases Under Gender and Sexual Orientation Discrimination
The EEOC states that people of different genders or sexual orientations should be given the same opportunities as other applicants or employees.
Employment discrimination happens when a qualified applicant is denied a job because of gender or sexual orientation. Some companies can have policies that are not favorable for employees who have a different sexual orientation. Some situations may require the employer to discriminate. It’s therefore essential to consult a discrimination lawyer about your case before taking legal action.
Women tend to miss on jobs that are typically for men. Women may also get requested for sexual favors in exchange for a job or promotion. Also, women may face unwanted advances, objectifying comments, or catcalls in the workplace, which constitutes sexual harassment. Gender discrimination also applies to men who apply for jobs that are typically for women. For example, men can be denied jobs in cosmetic sales or daycare jobs because of gender.
Hostile Work Environment
Sexual harassment, gender, or sexual orientation discrimination can lead to a hostile work environment. At times, victims of discrimination report the incidences through the right channels, and no reprimands go to the harassers. It leads to more harassment, insults, and office disputes. The organization may be in a position to prove that it took necessary measures to curb discrimination. If that is the case, you can still sue your harassers. All employees need to feel valued and respected despite their gender or sexual orientation.
Where to Find a Discrimination Lawyer
Sometimes employees need legal counsel to help resolve gender and sexual orientation discrimination at the office. Hiring an employment lawyer from HKM Employment Attorneys will help you navigate the legal framework of a discrimination claim. Our Phoenix-based team of lawyers works with all employment laws. We handle cases whether you work in Tempe, Scottsdale, or elsewhere in Maricopa County. Call our law office today to schedule a legal advice consultation.