If you are being
harassed at your workplace for your perceived or real sexual orientation then
you are most likely a victim of sexual orientation discrimination. However, the
problem is that there are no specific federal laws protecting you against this
kind of harassment in a private workplace but there is some hope at the local
and the state level.
Sexual harassment
lawyers have pointed out that there are some states that have written laws
against sexual orientation discrimination. This means that, whether the
harassment meted out is considered illegal or not will depend on your work
location.
You have enough things
on your plate. It does not matter if it is tax season or not, you should not
have to put up with this. Life is challenging enough, some people just do not
know how to act. If someone is bothering you at work, you need to make this
right and you will need a legal representative. You can find one here: Sexual-Harassment-USAttorneys. This website has
saved lives and this website was designed to give power to those who need it.
Federal Law
There are a slew of
federal laws protecting federal employees from workplace harassment based on
sex, gender, nationality, age, and disability. There are no federal laws
protecting employees in the private sector from harassment based on sexual
orientation. Every year congress attempts to pass bills that will extend
protection against such discrimination to private sector employees but their
efforts are largely unsuccessful probably because they are worded wrong,
involve too much micromanagement, or are overly politically correct and since
America has been run down because of political correctness causing all sorts of
morality issues, helping cause 9-11, the Boston Bombing, and so much other
violence, some Americans are weary of anything that smells like political
correctness.
State Laws
More than half of the
states including the District of Columbia have laws that protect employees in
both the public and private sectors from sexual orientation discrimination.
There are a few states that have implemented such laws for public sector
employees only.
Local Laws
If you belong to the
gay or lesbian community and your state laws do not protect you from workplace
abuse then you must try to determine if you are protected under county and city
ordinances. In many cities and counties gays and lesbians are protected at
least in some types of workplaces. Most companies do not tolerate this type of
joking around or insensitive behavior. It can help if certainly people do not
flaunt any type of lifestyle though or behavior. None of this belongs in the
workplace. You may not want to act like Richard Simmons if you work in
construction, this is just common sense.
Sexual harassment
attorneys suggest that you can find out about the anti-discriminatory laws on
the Lambda Legal Defense and Education Fund website. In the website you will
find state by state sections on anti-discriminatory laws including local laws
that prevent sexual orientation harassment. This way you will learn if you can
use a local law to hold the harasser liable.
Protection Based on
Gender Identity
There are certain local
and state government laws that have made workplace discrimination meted out to
individuals for their gender identity illegal. Sexual harassment lawyers
explain that gender identity is defined as self-identified gender contrary to
anatomical gender or sex at birth. In states that does not have specific laws
preventing sexual orientation discrimination, the courts in such states use
anti-discrimination laws that protect individuals from harassment meted out due
to their gender and such laws are often stretched to include gender-identity
cases.
Company Policies
There are many
companies that have prohibitive policies protecting employees from being harassed for their sexual
orientation as already stated. They
have strict mandates against such action and disciplinary measures are taken
against those who indulge in such deplorable behavior. But again, no one should
be flaunting anything.
Other Laws
Depending on the nature
of harassment you can apply certain general legal theories to sue your harasser
or your manager.
- Harassment
- Battery
- Assault
- Negligent or intentional infliction of emotional distress
- Defamation
- Invasion of privacy
- Wrongful termination
- Interference with employment contract
If persistent and pervasive workplace
harassment is adversely affecting your performance discuss don’t hesitate to your problems with a sexual
harassment lawyer. Remember you have the right to sue your harasser and your
employer for compensation but you must adhere to certain EEOC guidelines before
file a lawsuit.
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