Tarheel Writer - Workplace Discrimination

Workplace Discrimination
Have you been treated badly? wrongly? unfairly?

Here's some information about how to identify if you have been descriminated against, how it effects you and most importantly, what you can do about it.

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This page updated Date and Time Site Updated Saturday 21 December 2024 9:24 AM EST

Prevalence of LGBTQ Discrimination in the Workplace
Workplace Descrimination - What is it?

     LGBTQ workplace discrimination involves treating any employee unfavorably based on their actual or perceived sexual orientation or gender identity, regardless of whether they are lesbian, gay, bisexual, transgender, or heterosexual. Harassing an employee for being gay — even if they aren’t — or because they have a transgender child also constitutes workplace discrimination.

     UCLA’s Williams Institute reports there are more than 13 million LGBT people ages 13 and up in the U.S. Sadly, discrimination against this group in the workplace is prevalent.

     According to a recent survey by the Center for American Progress, half of LGBTQ adults reported they experienced some form of workplace harassment or discrimination in the past year based on their sexual orientation, gender identity, or intersex status. Many in the LGBTQ community report being:

Fired from jobs

Subjected to physical or verbal harassment

Denied work hours

Passed over for promotions

Such discrimination has led workers to hide personal relationships, live in remote communities, and experience adverse physical and mental health effects.

Impact of Workplace Discrimination
Workplace Descrimination

     Workplace LGBTQ discrimination can have many negative impacts on both employees and businesses. For employees, this type of discrimination can lead to feelings of anxiety, depression, and isolation. It can also affect a worker’s ability to do their job effectively. In some cases, LGBTQ discrimination has even resulted in physical violence.

     A recent survey from the UCLA School of Law determined that 46 percent of LGBTQ workers have faced employment discrimination. Nearly half of the workers surveyed reported they had received unfair treatment because of their gender identity or sexual orientation, including being harassed at work, excluded from company events, passed over for a job, or denied a promotion.

     This unfair treatment can have adverse mental and physical effects on employees. For example, one Canadian study concluded that unsupportive work environments led to poor mental health among LGBTQ people. These problems can be directly related to physical issues like fatigue, headaches, and digestive problems.

     Gender or sexual orientation discrimination in the workplace could also severely impact businesses. Studies have revealed that organizations perceived as unsupportive of LGBTQ employees have less job commitment among employees. Other potential consequences for businesses include being unable to access diverse talent, lower productivity rates, and damaged brand reputation, all of which can impact bottom-line results.

How To Know if You Have Seen or Been a Victim of LGBTQ Discrimination at Work?
Workplace Descrimination

     Workplace discrimination occurs when a person or group receives less favorable treatment than another person or group based on certain protected characteristics or circumstances. Among the protected characteristics are race, color, religion, sex, and disability.

     In the landmark 2020 ruling in Bostock v. Clayton County, the U.S. Supreme Court held that Title VII of the Civil Rights Act protects LGBTQ workers from workplace discrimination.

     Following the Bostock decision, the U.S. Equal Employment Opportunity Commission released new guidance protecting against employment discrimination based on sexual orientation or gender identity. A federal judge in Texas has since declared the guidance unlawful and vacated it. However, the Supreme Court’s ruling still stands, and employers may still choose to follow the EEOC’s guidance.

Title VII is a federal law that offers protection against workplace discrimination concerning the following: Workplace Descrimination

Hiring

Firing, reductions in force, or furloughs

Training

Promotions

Discipline

Work assignments

Pay or benefits

  Other conditions, privileges, or terms of employment

     Title VII does not protect all employees or job applicants. The law protects employees, former employees, and job applicants regardless of citizenship or immigration status of employers with 15 or more employees. Title VII does not protect employees of businesses having fewer than 15 employees or people working as independent contractors for larger employers.

     The number of employees a workplace has determines the anti-discrimination laws an employer must adhere to as follows:
One or more employees:
     The Equal Pay Act requires virtually all employers to provide equal pay for equal work regardless of gender.

15 or more employees:
     These employers are prohibited from discriminating against employees based on color, race, national origin, sex, including pregnancy, religion, disability, genetic information, gender identity, and sexual orientation.

20 or more employees:
     The Age Discrimination in Employment Act prohibits these employers from discriminating based on age.

     Knowing how to recognize LGBTQ workplace discrimination is a critical part of stopping it for yourself or others. A few examples of discrimination based on sexual orientation and gender identity include the following:

An employer offers promotions or raises to workers of one sexual orientation over workers of another.

An employer gives workers of a certain sexual orientation worse reviews or assignments for no reason other than their orientation.

An employee is subjected to disparaging remarks, threats, or bullying based on sexual orientation or gender identity.

A workplace free of harassment and hostility doesn’t seem like it should be too much to ask. Fortunately, federal and state laws prohibit discrimination on the basis of things like race, color, sex, religion, national origin, marital status, sexual orientation, and gender identity.

How To Respond to LGBTQ Discrimination in the Workplace
Workplace Descrimination

If you believe you are being discriminated against or harassed because of your actual or perceived LGBTQ status, follow these steps to protect your rights.

1. Document Everything
     Document everything related to workplace discrimination. Save all relevant texts, emails, notes, or other documentation that can help prove what is happening.

2. Speak Up
     If you feel safe doing so, speak up to try to solve the problem with a co-worker or immediate supervisor. You may need to escalate the matter to your human resources department or union representative for a resolution.

3. Seek Help
     If you have experienced employment discrimination based on your gender identity or sexual orientation, you have legal rights. It may be in your best interests to report the matter to the EEOC and consult with an employment law attorney immediately.

4. Get Support
     In addition to seeking legal guidance, you'll want to get additional support to help you through this challenging time. Consider seeking counseling, seeing a medical professional, or confiding in trusted friends and co-workers.

     A personal note from Jevic, The Tarheel Writer: My sincere thanks to Haley at Joseph & Norinsberg for providing invaluable information in the creation of this valuable webpage. Thanks Haley!

Disclaimer - The information provided on this page is not to be construed as legal advice. No attorney-client relationship is formed between the TarheelWriter.com website, its owner, employees, volunteers and sunsidaries and the website visitor. The owner, employees, volunteers and subsidaries are not liable for anything that happens as a result of someone viewing and/or using this information.