Discrimination shows itself in many ways - from lower pay to not getting promotions or projects, and more. How do you know if it has to do with race, gender, religion, age or your sexual orientation?
Many gay and lesbian workers have had to deal with discrimination on the job, but haven't had any protections against it until fairly recently. Federal government workers are protected from discrimination because of their sexual orientation. However, they don't protect workers in private companies.
State Anti-Discrimination Laws
Many states have decided to stop discrimination on the basis of sexual orientation. They've passed laws that grant greater protection than federal laws. The District of Columbia and the following states currently have laws prohibiting discrimination because of sexual orientation in the workplace:
- California
- Colorado
- Connecticut
- Hawaii
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
- Wisconsin
Some states have laws that limit protection to state employees. These states include:
- Delaware
- Indiana
- Montana
- Pennsylvania
Other Sources of Anti-Discrimination Regulations
What do you do if you live in a state without protection? You should look for other regulations that may be able to protect you. Some counties and cities have local anti-discrimination laws. These laws prevent private employers from discriminating against gay and lesbian workers.
Your employer may also have a written anti-discrimination policy. This can usually be found in an employee manual or other company document. Managers can be disciplined or even fired for discrimination. Talk to your human resources department if you're not sure about the company's discrimination policy.
Your Legal Rights
What if there aren't any local or work protection regulations either? You may still have a legal claim based on other types of laws. These laws may be able to provide you some type of legal remedy. Examples include:
You can contact your state equal employment opportunity commission for specific information regarding your local laws. You can also contact the American Civil Liberties Union.
Actions that Constitute Discrimination
It can sometimes be difficult to determine what constitutes discrimination. Being yelled at for messing up or coming to work late doesn't usually qualify. Not every unpleasant work experience is considered discrimination.
A worker will usually have to be treated in a negative way in comparison to other workers, usually over a period of time, to be considered discrimination. It may involve being passed over for a promotion or being wrongfully terminated. The worker will have to prove that it's based on his sexual orientation.
Many workers are harassed for their sexual orientation. Name-calling and offensive comments are commonly used. Even constantly asking someone out on a date could be considered harassment.
Questions for Your Attorney
- Where can I look to find out if my state has any laws against discrimination based on sexual orientation?
- What evidence should I gather to prove my discrimination claim against my employer? How long do I have to report the actions?
- My state has no law against discrimination based on sexual orientation. Is there any other law I can turn to for a remedy?