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Title VII of the Civil Rights Act protects various classifications of workers from workplace discrimination. While it has long protected workers based on religion, sex, race, national origin, and color, a June 2020 ruling of the Supreme Court added sexual orientation and gender identity to the protected classes. This means that if you are discriminated against by your employer based on your gender identity or sexual orientation, you can pursue a claim against your employer for LGBTQ workplace discrimination.

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Examples Of LGBTQ Discrimination

Just like any other discrimination, LGBTQ discrimination can take many forms. Some forms are more discreet than others, however. You should document all instances and maintain detailed evidence. If you were demoted, fired, or denied a promotion because of your sexual orientation or gender identity, you have suffered LGBTQ workplace discrimination and have grounds for a claim against your employer. As an example, if you are qualified for a promotion then told you - “don’t fit the image because of your sexual orientation,” you have suffered LGBTQ workplace discrimination.

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Filing A Workplace LGBTQ Claim

If you have suffered workplace LGBTQ discrimination, you will need to get a claim underway against your employer. There is a statute of limitations for pursuing a claim, so you should act promptly. The first step is to review your employee handbook and determine if your employer has protocol in place for filing a workplace discrimination claim. If your employer does, then you should follow those procedures precisely. Your first step will be to notify your employer by talking with a supervisor or human resources (HR). Be sure to document everything and maintain evidence to back up your claim and to show that proper protocol was adhered to.

If the matter does not get resolved, or if it is not given the attention it demands, file a claim with the proper state agency or with the Equal Employment Opportunity Commission (EEOC). The EEOC accepts claims online, over the phone, or by mail. Each claim is assigned a representative who will investigate the claim. Most state agencies have work share agreements with the EEOC. 

In Florida, you can file a discrimination complaint with the Florida Commission on Human Rights (FCHR). When you file a discrimination complaint on the state level in Florida, It will be dual filed with the EEOC, that way you don’t have to file two complaints. 

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Remedies To LGBTQ Discrimination 

If you have experienced workplace LGBTQ discrimination because of your sexual orientation or gender identity, you can ask to be compensated for the damages you suffered when you were discriminated against. Often, these damages include lost wages, lost benefits, and mental anguish. A workplace discrimination attorney can help you get your claim on track. Besides paying your damages, the EEOC or state agency can enforce criminal penalties and/or fines against the employer for their legal violations.