LGBTQ+ Employment Discrimination: What Is It and What Can You Do About It?

The numbers could not be any starker: According to a recent report by the Williams Institute at the University of California, Los Angeles, School of Law, an estimated 46% of LGBTQ+ (lesbian, gay, bisexual, transgender, or queer) workers have experienced unfair treatment at work at some point in their lives, including being fired, not hired, or harassed because of their sexual orientation or gender identity.

The report, “LGBT People’s Experiences of Workplace Discrimination and Harassment,” is yet another disturbing reminder of the price the LGBTQ+ community pays when it comes to sexual orientation, gender identity, or expression on the job. For example, during the pandemic, LGBTQ+ people were 36% more likely to have been laid off or had their hours reduced than general workers, the Williams Institute reported.

The question is: “With employment discrimination and harassment against LGBTQ+ people still alive and well, where do your rights as an employee fit into the big picture?”

To note, there have been some recent strides in the fight for LGBTQ+ rights in the workplace. Last year, the U.S. Supreme Court’s landmark decision in Bostock v. Clayton County ruled that discrimination on the basis of sexual orientation or gender identity is equivalent to sex discrimination, making it illegal under Title VII of the Civil Rights Act of 1964.

Yet, of the 8.1 million estimated LGBTQ+ workers over the age of 16 in the U.S., nearly 3.9 work in states without anti-discrimination laws protecting their sexual orientation and gender identity, including Florida.

That is why finding a highly experienced law firm that understands that despite not having any designated laws to protect you, you still have rights. For example, thanks to groups like Equality Florida, there are a series of statewide local non-discrimination laws that cover 60% of your LGBTQ+ rights in the areas of:

• Hiring
• Firing, furloughs, or reductions in force
• Promotions & demotions
• Discipline
• Training
• Work assignments
• Pay, overtime, or other compensation
• Fringe benefits
• Other terms, conditions, and privileges of employment

Having advocates committed to finding where and when your rights as an LGBTQ+ worker have been violated is the first step in your fight for equality and the injustices resulting from harassment or discrimination on the basis of your sexual orientation or gender identity, or expression.

As a member of the LGBTQ+ community, you have workplace discrimination rights under protected categories like gender, which means you cannot be discriminated against based on gender stereotypes. That means you have the same rights to fair pay, benefits, promotions, etc., as anyone else.

With more than 100-plus years of experience, the law firm of Florin Gray, is committed to standing up to sexual orientation and gender identity discrimination in the workplace. We understand that undue stress dealing with discrimination practices in the workplace can bring on you and your family.

From multimillion employment discrimination and personal injury settlements to government whistleblower cases, Florin Gray Law maintains a smaller caseload for each of their attorneys so that you get the attention and respect your case needs.

In today’s ever-changing political, cultural, and legal landscape, if you believe you have been discriminated against, we’re here to help. For a free consultation, call us today.