Imagine going to work frustrated, listless, powerless, or unmotivated. Have you ever felt this way after being discriminated against in your workplace? This is the reality of many people face who discrimination for something that does not even involve their skills or ability to fulfill their duties. Unfortunately, every day many members of the LGBTQ+ community endure disrespectful comments or even fear being fired due to their sexual preferences.
Employment discrimination due to sexual orientation is a taboo subject in many workplaces, but it happens all too often. However, it is illegal and must be reported immediately. The first step in a situation like this is to file a complaint with the government agency responsible for enforcing federal laws. In this case, the victim must file the complaint with the Equal Employment Opportunity Commission (EEOC). This agency is responsible for enforcing federal laws that protect candidates or workers from discrimination based on sexual orientation, nationality, age, race, among others.
In particular, the LGBTQ+ community is often one of the most affected by discrimination. The LGBTQ+ community may experience discrimination both within their workspace and during the hiring process for a new position. Likewise, discrimination can be due to their sexual orientation or their gender identity. Not only is this unfair, but it is also illegal and should not be tolerated. Your sexuality should never interfere with or impede being part of a work team. Employers must be clear that sexual orientation or gender identity does not affect your abilities or imply a different performance in job functions.
Under the law, the victim must file the discrimination complaint before taking legal action against the employer, as long as the employer is a private entity. In the case of federal employees, there is a specific procedure of which each worker must be informed. However, it is essential to note that discrimination claims must be filed within 180 days of the event.
If you or someone you know has experienced discrimination at work, it is crucially important not to remain silent and report it immediately. At Lipeles Law Group, we will advise and accompany you during your case until it is optimally resolved and you can work in a space free of discrimination.