Sexual Orientation Discrimination

Federal law provides limited protections against discrimination for gay, lesbian and transgendered individuals, but contains no specific prohibition of discrimination based on sexual orientation itself. Under Title VII of the Civil Rights Act of 1964, covered employers may not subject employees to same-sex sexual harassment in the workplace and may not discriminate against an employee or job applicant because he or she does not conform to gender stereotypes. For example, an employer may not refuse to hire a job applicant because he is too effeminate or may not refuse to promote an employee because she does not act feminine enough (e.g. wear makeup or dress in a stereotypically feminine way.)

There are much stronger protections against sexual orientation discrimination on the state and local levels. As of April 2009, seventeen states and the District of Columbia prohibit employers from discriminating against an employee or job applicant because of the employee’s sexual orientation. Additionally six states and the District of Columbia also have laws that provide protection against discrimination to transgender employees and job applicants. Under many of these laws, employees are also protected against retaliation by their employers for opposing unlawful discriminatory practices or for participating in the process of redressing the discrimination.

The attorneys at Katz, Marshall & Banks have extensive experience representing employees who have been discriminated against because of their sexual orientation in violation of federal, state, and local laws.  Please see the firm’s “Know Your Rights” informational article for more information on sexual orientation discrimination.

If you are experiencing – or have already experienced – discrimination based on your sexual orientation or gender identity that you are thinking about reporting, or if you have already reported such discrimination and are facing retaliation, contact the experienced lawyers at Katz, Marshall & Banks, LLP for an evaluation of your case with no further obligation.