LGBT Discrimination

LGBT Discrimination & Harassment

LGBTQ Discrimination & Harassment Lawyer in Cincinnati, Ohio

Discrimination laws protecting the lesbian, gay, bisexual, and transgender (LGBT) community in the United States are complicated. Although other classes, such as race, gender, and religion, receive protection under federal and state statutes and regulations, sexual orientation and gender identity remain largely unprotected.

Even though federal statutes do not explicitly protect against this type of discrimination, the law regarding sexual orientation and gender identity is constantly changing. When it comes to workplace discrimination and harassment, the LGBT community does have a growing level of protection.

For example, in July 2014, President Obama signed an executive order that prohibits federal contractors from discriminating against employees based on sexual orientation.

Ohio was even faster in this regard. Governor John Kasich signed Executive Order 2011-05KS in 2011, an anti-discrimination policy for state employees that included protections against discrimination based on sexual orientation.

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Employee Rights and Resources

LGBTQ discrimination lawyers protect your rights in the workplace. The LGBTQ community is experiencing an ever-changing legal landscape, but as a worker, you are afforded some protections that we’ll use to fight back against the discrimination and harassment you face.

Over 36 municipalities have enacted laws specifically for the LGBTQ community, but you are also protected by general federal employment discrimination laws. These laws provide that employees cannot:

  • Be discriminated against or harassed because of their sex, race, gender, disability, national origin and more.
  • Be discriminated against because of their age or genetic information

You can read through the U.S. Equal Employment Opportunity Commission’s Know Your Rights documentation to better understand your protections as an employee.

Employees are protected under Title VII of the Civil Rights Act of 1964. While the Act does not address sexual orientation or gender identity, the Supreme Court ruled in 2020 that employers cannot fire someone for being gay or transgender, which shows that Title VII does extend to the LGBTQ community.

As your gender identity discrimination lawyer, we’re here to help protect your rights to the fullest extent of the law if you experience discrimination or harassment in the workplace.

What Is LGBT Discrimination and Harassment?

LGBT discrimination is any discrimination based on sexual orientation, including homosexuality, heterosexuality, bisexuality, and gender identity. Essentially, if your employer treats you differently because you are a member of the LGBT community, you may be a victim of discrimination. Harassment is a type of discrimination involving unwelcome conduct. LGBT harassment is any harassment based on sexual orientation or gender identity.

Many courts view LGBT discrimination and sex discrimination as separate and distinct concepts. On the other hand, the federal Equal Employment Opportunity Commission (EEOC) has taken the position that LGBT discrimination is covered by federal laws barring sex discrimination.   Whatever the rule, if you are the victim of sexual harassment at work, even if your harassers are members of the same sex, you may be entitled to relief. Your employer has a duty to provide you with a safe, harassment-free work environment. If you ask your employer to stop the harassment, but it does not stop, you may be entitled to compensation.

How Prevalent is LGBTQ Discrimination in the Workplace? 

Research from the Center for American Progress found that half of LGBTQ adults reported experiencing some form of workplace discrimination or harassment within the last year based on their gender identity or sexual orientation.

Many individuals in the LGBTQ community report being:

  • Fired from their jobs
  • Passed over for promotions
  • Denied work hours
  • Subjected to verbal or physical harassment

As a result, members of the community are hiding their relationships and experiencing adverse emotional and physical health effects.

Research has shown that unsupportive work environments can lead to poor mental health among LGTBQ individuals, which are often accompanied by physical health issues that impact their daily lives.

LGBTQ workers should not have to face harassment or discrimination in the workplace. While the State of Ohio may not offer specific protections for the LGBTQ community, federal law protects you.

If you are the victim of LGBTQ discrimination in the workplace, it is in your interest to consult with an attorney who can help you find the best course of action and advocate for your rights.

What Types of Workplace Discrimination Are Common for The LGBT Community?

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