If you’re part of the LGBTQ+ community you should know that the federal workplace protections that are in the Civil Rights Act also include you. The Supreme Court upheld that the workplace protections in Title VII of the Civil Rights Act that make it illegal for employers to discriminate against or harass workers based on race, color, gender, religion, and country of origin also prohibit discrimination based on orientation and gender identity. If you are being harassed or discriminated against at work because you are part of the LGBTQ+ community, you can file a complaint with the Equal Employment Opportunity Commission to make sure your employer is held accountable.
The EEOC works with the state labor authorities in 44 different states to make sure employers are held accountable by the state as well as the Federal government. If you live in one of those 44 states your complaint will automatically get sent to the state labor authorities so that your employer will be investigated by the state too.
Examples Of Workplace Discrimination
The most common types of discrimination experienced by LGBTQ+ people are:
Not Being Promoted
Being denied a promotion you’ve earned when someone else with fewer qualifications is promoted instead is discrimination.
Derogatory comments or slurs
Slurs, derogatory comments, or comments that promote harmful stereotypes about LGBTQ+ people are always discrimination.
Asking you what your gender is
Neither your employer or coworkers can ask you what your gender or orientation are.
Misgendering you on purpose
Once you have declared your gender and pronouns if your boss or coworkers deliberately misgender you that’s a Civil Rights Act violation.
Dress Code Restrictions
If your employer is trying to use a dress code to enforce traditional gender roles by requiring that women wear makeup, high heels, or dresses or by requiring that men wear suits or other traditional clothing that’s discrimination.
Filing A Workplace Discrimination Claim
Keep a list of all the experiences of discrimination that you’ve had at work. Write down what happened, who was involved, and when it happened. Take the list directly to your boss and the HR department at your work. If your boss and the HR executives refuse to do anything about what’s happening to you then don’t wait to file an EEOC complaint. You can file an EEOC complaint 24 hours a day through the EEOC’s website.
You can also file a complaint with your state. In Utah, you can file a complaint with the Utah Antidiscrimination and Labor Division (UALD). You can submit the form via email or mail. You must file a claim within 300 days of the alleged discrimination.
Your employer cannot fire you, bully you, or harass you because you filed a complaint against them. They also cannot encourage other people in the workplace to harass or bully you. If that occurs immediately notify the EEOC.
Penalties For Discrimination
Violating the Civil Rights Act is a serious crime. Your employer could end up having to pay $10,000 fines per incident of discrimination or harassment. They also could face other penalties as well as civil ones. If you were denied a promotion or a pay raise because of the discrimination you could receive a promotion, or a lump sum of back pay. You could also receive a lump sum of money for pain and suffering or other damages.
Helpful Links:
Rights Against Gender Discrimination
Filing a Discrimination Charge
