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Can My Employer Treat Me Differently Because of My Sexual Orientation?

Thanks to the 2020 Supreme Court decision in Bostock v. Clayton County, it is unlawful for U.S. employers to discriminate against employees based on their sexual orientation. This means that even if your employer knows about your sexual orientation, they cannot treat you worse than other employees just because of it. This also means that they can't retaliate against you for disclosing your sexual preference.


Many people think that they can be discriminated against at work for being gay or lesbian, but (fortunately) this is no longer true. It's important to remember that just because someone has a different sexual orientation doesn't mean they are any less qualified for the position than anyone else!


What is Sexual Orientation Discrimination?


Simply put, sexual orientation discrimination is when an employee is treated differently because of their sexual orientation. This includes being gay, lesbian, bisexual, or transexual.


More specifically, employers cannot discriminate against individuals on the basis of their sexual orientation or gender identity when it comes to any aspect of employment, including:


● Hiring,

● Firing,

● Pay,

● Job assignments,

● Promotions,

● Layoffs,

● Training, and/or

● Fringe benefits.


How Can I Tell if I’m Being Discriminated Against Because of My Sexual Orientation?


There are a few ways that you can tell if you're being discriminated against because of your sexual orientation. If you experience any of the following, it's possible that you're being discriminated against:


● You are passed up for a promotion or not given opportunities at work because of who you are attracted to.

● You are harassed or made fun of because of your sexual orientation.

● You are fired, demoted, or disciplined for being gay or lesbian.

● Your employer creates a hostile work environment for employees who are not heterosexual.


What Should I Do if I Suspect Someone is Discriminating Against Me Because of My Sexual Orientation?


If you suspect that someone is discriminating against you because of your sexual orientation, it's important to keep detailed records. Write down everything that happens at work and anything the employer says about the situation. It's also wise to speak with an experienced employment attorney as soon as discrimination rears its ugly head. They will be able to help you protect your rights and get the justice you deserve.


We Can Help Protect Your Rights as an Employee


At Robinson Law Offices, we know LGBT rights are human rights - and we’ll fight to hold discriminators accountable. If you believe you have been treated unfairly in the workplace as a result of your sexual orientation, contact our office for a consultation. We’ll help you get clear on your rights and determine if you have viable claim for discrimination or retaliation based on your circumstances.



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