STEPS LGBTQ+ WORKERS CAN TAKE IF THEY ARE EXPERIENCING DISCRIMINATION IN THE WORKPLACE
Often LGBTQ+ people who are being harassed or discriminated against at work don’t speak up about what they are going through because they are afraid of losing their jobs. You should know that you are protected by the Civil Rights Act just like other workers. The Supreme Court ruled that the workplace protections granted by Title VII of the Civil Rights Act also apply to LGBTQ+ people. Title VII makes it illegal for employers to discriminate against employees based on religion, place of birth, gender, sex, orientation, race, or color. You don’t have to put up with discrimination just to keep your job. If you are a victim of discrimination in the workplace you can file a complaint with the Federal Equal Employment Opportunity Commission. The EEOC investigates discrimination and harassment in the workplace and also works with state labor authorities by sharing information so that the states can do their own investigations. There are 44 states that have work share agreements with the EEOC. If your state is one of them then when you file an EEOC complaint the state will also investigate your employer.
Discrimination and harassment take many forms in the workplace including:
Not Being Promoted ~ If you were due for a promotion or a raise, but you didn’t get it and you weren’t given a very good reason why you didn’t that could be because of discrimination.
Derogatory comments or slurs ~ “Jokes” about LGBTQ+ people, slurs, demeaning or abusive comments, or comments or jokes that promote stereotypes of LGBTQ+ people are discrimination.
Asking you what your gender is ~ The people that you work with cannot make jokes about or ask you about your gender. Comments about your gender are not allowed in any form.
Misgendering you on purpose ~ When your colleagues and boss refuse to use your correct pronouns or gender even after you made your gender and pronouns clear that’s clearly discrimination and it’s not allowed.
Using Your Dead Name ~ Trans people who no longer go by their dead name have a right to have their name choice respected. If your boss or coworkers refuse to use your chosen name and call you by your dead name that’s discrimination.
Filing A Workplace Discrimination Claim
Before you file a complaint with the EEOC give your boss and HR department a chance to stop the harassment that you’re experiencing. Write down every incident of discrimination or harassment along with who did it, when it happened, and what exactly happened. Include proof if you have it like screenshots of chats or printouts of emails. Go to HR and to your boss with all the documentation that you have. If they drag their feet on helping you or refuse to acknowledge the problem then go right to the EEOC’s website and file a complaint. Your employer cannot legally fire you, harass you, or bully you for filing a complaint. You can also file a claim on the state level as well. In California, you can file a discrimination complaint with the California Department of Fair Employment and Housing. When you file a discrimination claim on the state level in California, it will be dual-field with the EEOC, so you don’t need to send two applications.
Penalties For Discrimination
The penalties for employers that violate the Civil Rights Act can be serious. They can be forced to pay fines of $10,000 per violation or face criminal penalties. If you were denied a raise or promotion, you may receive a lump sum of money for that. You also may receive money for damages like pain and suffering.
Resources Found Via:
• https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• https://employmentlawhelp.org/wrongful-termination/turned-down-sexualorientation
• https://employmentlawhelp.org/sexual-harassment/sexual-orientation-harassment