Understanding Sexual Orientation Discrimination in the Workplace

Federal Protections

In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sexual orientation is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. This means that employers with 15 or more employees cannot lawfully make employment decisions based on sexual orientation.

State Protections

Many states have additional protections, covering smaller employers, expanding definitions of discrimination, and offering broader remedies. Some states also provide explicit protections for discrimination based on perceived sexual orientation and extend protections to public accommodations and housing.

• Refusing to hire or promote someone based on sexual orientation.
• Paying employees differently because of sexual orientation.
• Denying benefits to same-sex spouses or partners that are offered to other employees.
• Harassing employees with offensive jokes, slurs, or comments about sexual orientation.
• Retaliating against employees for supporting LGBTQ+ rights or participating in LGBTQ+ employee groups.

Harassment related to sexual orientation is unlawful when it creates a hostile work environment or results in adverse employment actions. Examples include repeated derogatory remarks, exclusion from work activities, or unwelcome comments about an employee’s personal life.

Proving a Sexual Orientation Discrimination Claim

Evidence may include:

1. 1. Direct statements or documents showing discriminatory motives.
   2. Comparisons showing less favorable treatment than employees of other orientations.
   3. Witness accounts of discriminatory behavior or harassment.
   4. Denial of benefits or opportunities provided to others.
   5. Retaliatory actions following a complaint about discrimination.

Protection Against Retaliation

Federal and state laws prohibit retaliation against employees who:

1. Report sexual orientation discrimination.
2. Participate in a workplace investigation.
3. Oppose discriminatory practices.
4. Retaliation can include termination, demotion, harassment, or other adverse employment actions.

Remedies for Sexual Orientation Discrimination

Potential remedies may include:

1. Hiring, reinstatement, or promotion.
2. Back pay and lost benefits.
3. Compensatory damages for emotional distress.
4. Punitive damages where permitted by law (not against government employers).
5. Attorneys’ fees and litigation costs.

Addressing Sexual Orientation Discrimination in the Workplace

Employers can reduce risk by:

1. Adopting inclusive non-discrimination policies.
2. Providing training on LGBTQ+ workplace rights and respect.
3. Establishing clear complaint and investigation procedures.
4. Acting promptly to address reports of discrimination or harassment.

Miller Shah LLP is prepared to evaluate and pursue sexual orientation discrimination matters on behalf of individuals who have experienced unlawful treatment in the workplace. The firm’s attorneys analyze applicable federal and state laws, assess potential claims, and advocate for appropriate remedies.