Federal law prohibits sexual orientation and gender identity (SOGI) discrimination in any aspect of employment whether discrimination takes place as part of the hiring process, the assignment of job positions, promotions, terminations, or any other condition of employment.
It is also unlawful to subject employees to workplace harassment that creates a hostile work environment based on SOGI. Harassment may include offensive comments about someone’s sexual orientation (gay or straight for example) or derogatory remarks regrading a person’s transgender status or gender transition that are so frequent or severe to create a hostile or offensive work environment or results in an adverse employment decision.
How this takes shape in the workplace might include a scenario where an employer covered by Title VII refuses to hire, takes assignments away from, or terminates an employee because clients of the employer or fellow employees would prefer to work with someone of a different sexual orientation or gender identity.
Another example of a violation of the law may include an employer who assigns customer facing positions to non LGBTQ+ employees or directs this protected class of employees to work in certain geographic areas or stores.
An employer also crosses the line if they prohibit a transgender employee form dressing or presenting consistent with their preferred gender identity or to bar an employee from using bathroom or shower facilities that correspond with the employee’s gender identity.
Discrimination attorney Marc A. Humphrey is known among his peers for his passionate pursuit of justice for his clients. When you are wrongfully terminated or mistreated on the job because of your sexual orientation or gender identity, or any other form of unlawful employment discrimination, contact the sexual orientation discrimination law office of Marc A. Humphrey for confidential and free assistance at 515-331-3510.