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Information You Need to Know

What To Do If You Experience LGBTQ+ Discrimination While In The Workplace

Title VII of the Civil Rights Act protects a variety of classes from discrimination, such as color, sex, race, religion, or national origin. After a June 2020 Supreme Court ruling, it was determined that gender identity and sexual orientation were also protected classes because the Act prohibits LGBTQ+ discrimination. If you suffered LGBTQ discrimination in the workplace, you may be able to pursue a workplace discrimination claim against your employer.

LGBTQ workplace discrimination can have many forms. Here are a few examples:

  • Offensive comments or slurs: You are subjected to offensive remarks or comments about your gender identity or sexual orientation.
  • Question your gender identity: You are questioned about your sexual orientation and/or gender identity.
  • You are denied a promotion: You are qualified for a promotion, but comments were made about your sexuality and not fitting in, so you were not promoted.

If you suffered LGBTQ workplace discrimination, you could pursue a claim against your place of employment. First review documentation to see if your employer has protocol in place for pursuing a workplace discrimination claim. Check for procedures by reviewing your employment contract or handbook. Follow those procedures specifically and maintain documentation. Your first step is to notify your employer by talking with a human resources (HR) representative or a supervisor and filing a complaint letter for discrimination. If the matter is not resolved by your employer, advance your claim. Contact the appropriate state agency that handles discrimination allegations or the Equal Employment Opportunity Commission (EEOC).

Your claim can be filed online, over the phone, or by postal mail. Some offices allow in-person claims if an appointment is scheduled in advance. The EEOC representative assigned to your claim will investigate your claim and contact your employer. If your state has applicable laws, a state agency, such as a human rights commission or labor agency will oversee those regulations, and you can contact that office.

You also have an option of filing a claim on the state level as well. In Arizona, you can file a claim with the Arizona Department of Economic Safety. State agencies, such as in Arizona maintain a work share agreement with the EEOC. When there is a work share agreement, you will file a claim with one office and ask for it to be filed with the other agency as well. If the offices cannot resolve the matter pertaining to your claim, you can file a lawsuit against your employer and ask to be compensated for your damages.

If you suffered LGBTQ workplace discrimination, you may claim damages, such as lost wages, lost benefits, and mental anguish. You may be reinstated to your job or given a promotion. An employment law attorney can help you with your LGBTQ workplace discrimination claim against your employer. There is a time limit for pursuing a claim, so act quickly. Complete the Free Case Evaluation Form to share the details with a workplace discrimination attorney who represents clients in your area. You want to get your claim underway in a timely manner, so it will not be dismissed.

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