Sexual Preference Discrimination: How to Protect Your Rights in the Workplace

Sexual preference discrimination, or discrimination based on an individual’s sexual orientation, remains a pressing issue in workplaces across the U.S. Studies indicate that nearly 50% of LGBTQ+ workers have faced some form of workplace discrimination, underscoring the need for awareness and protections.

Understanding your rights is essential to navigating and combating workplace discrimination effectively. Swartz Swidler, an experienced employment law firm in New Jersey, has helped countless clients protect their rights in these cases. This guide covers what sexual preference discrimination looks like, legal protections, and actionable steps you can take to safeguard your rights.

What is Sexual Preference Discrimination?

Definition

Sexual preference discrimination occurs when an employee faces unfair treatment due to their sexual orientation or identity. This discrimination may affect hiring, promotions, benefits, and daily interactions within the workplace.

Examples of Sexual Preference Discrimination

• Hiring and Promotions: LGBTQ+ candidates may be overlooked or rejected for positions or promotions due to bias.
• Unequal Pay and Benefits: Some employees face lower pay or reduced benefits because of their sexual orientation.
• Workplace Harassment and Hostility: Offensive comments, exclusion, or harassment based on sexual orientation are forms of discrimination.
• Retaliation: Employees who report discrimination often face retaliation, such as demotion, exclusion, or other adverse actions.

Legal Protections Against Sexual Preference Discrimination

Federal Protections Under Title VII

• Overview of Title VII: Title VII of the Civil Rights Act protects employees from discrimination based on various factors, including sexual orientation. Following recent Supreme Court rulings, Title VII’s protections extend to LGBTQ+ individuals in workplaces across the U.S.

State and Local Protections

• New Jersey Law Against Discrimination (NJLAD): The NJ Law Against Discrimination specifically prohibits discrimination based on sexual orientation and provides additional protections beyond federal law.
• Local Ordinances: Many cities and counties offer additional protections and resources for employees facing sexual preference discrimination, reinforcing state and federal laws.

Recognizing Signs of Sexual Preference Discrimination in the Workplace

Common Signs and Behaviors

• Exclusion from Opportunities: LGBTQ+ employees may be excluded from promotions, important projects, or networking events.
• Discriminatory Comments or “Jokes”: Offensive comments or jokes about an employee’s sexual orientation are forms of harassment and discrimination.
• Unfair Disciplinary Actions: Some employees face disproportionate disciplinary actions compared to others because of their sexual orientation.
• Subtle Exclusion or Isolation: This can include being excluded from team meetings, projects, or social gatherings.

Documenting Incidents

• Record Events: Track specific dates, times, and descriptions of each discriminatory incident, including who was involved.
• Save Correspondence: Keep relevant emails, messages, or other communication that demonstrates bias or prejudice. Proper documentation is essential for building a strong case.

Steps to Protect Your Rights in Cases of Sexual Preference Discrimination

1. Report the Discrimination Internally

• Follow Company Policy: If it is safe to do so, report the discrimination to a supervisor, HR, or through the company’s designated channels.
• Consult the Employee Handbook: Familiarize yourself with your organization’s policies on discrimination, harassment, and the reporting process. Many workplaces have clear procedures to follow.

2. File a Formal Complaint

• Equal Employment Opportunity Commission (EEOC): If internal reporting does not lead to a resolution, you can file a formal complaint with the EEOC. Be aware of the 300-day filing deadline from the date of the incident.
• New Jersey Division on Civil Rights (DCR): In New Jersey, you may also file a complaint with the DCR, which enforces state-level anti-discrimination laws. Filing through the DCR ensures that state-specific protections are considered.

3. Consult an Attorney

• Why Legal Guidance Matters: An attorney specializing in discrimination cases can help you navigate the process, protect your rights, and provide personalized guidance.
• How Swartz Swidler Can Help: With years of experience in LGBTQ+ workplace discrimination cases, Swartz Swidler can offer the expertise and support you need to pursue justice confidently.

Potential Remedies for Sexual Preference Discrimination

• Compensation for Lost Wages: Victims of discrimination may be eligible to recover lost wages or benefits that resulted from discriminatory practices.
• Emotional Distress Damages: Employees who experience emotional suffering due to discrimination may be eligible for compensation for emotional distress.
• Reinstatement or Position Adjustment: If discrimination led to demotion, wrongful termination, or changes in job duties, you may be eligible for reinstatement or a role adjustment.
• Attorney’s Fees: In some cases, attorney’s fees may be covered, alleviating the financial burden of pursuing justice.

Common Challenges When Addressing Sexual Preference Discrimination

Fear of Retaliation

Many employees fear retaliation, such as termination or demotion, for reporting discrimination. Both Title VII and NJLAD include protections to help prevent such retaliation, ensuring that employees can come forward safely.

Proving Discrimination

Proving discrimination based on sexual orientation can be challenging, as much of it is often subtle or undocumented. Proper documentation and witness support can greatly strengthen your case, as can working with an attorney experienced in discrimination claims.

Emotional and Workplace Pressures

Facing discrimination can be emotionally taxing, especially in a work environment. Swartz Swidler provides legal support to relieve some of the stress, empowering employees to protect their rights and seek justice.

Why Choose Swartz Swidler for Sexual Preference Discrimination Cases

Expertise in Employment Discrimination Law

Swartz Swidler has extensive experience handling cases related to workplace discrimination, ensuring clients receive knowledgeable and dependable representation.

Dedicated Client Support

The firm prioritizes a client-centered approach, offering guidance and empathetic support to each client throughout the process.

Proven Track Record of Success

With a strong history of successful outcomes, Swartz Swidler has helped many clients achieve justice and protect their rights in discrimination cases.

 

Taking the Next Step: Contact Swartz Swidler Today

If you have experienced sexual preference discrimination in the workplace, Swartz Swidler is here to help. Contact us today for a confidential consultation to discuss your options and understand the steps to protect your rights. Our attorneys are dedicated to fighting for fair treatment and will guide you through each step. Reach out today to take action and stand up for your rights in the workplace.