Tuesday, April 5, 2016

How are Gay and Lesbian Workers Protected from Workplace Harassment and Discrimination

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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