Atlanta Sexual Orientation Discrimination Attorney
It is unlawful for employers to refuse to hire, layoff, or make any other unfavorable employment decision based on an employee or applicant’s real or perceived sexual orientation or gender identity. Members of the LGBTQ+ community are often accustomed to being discriminated against, but they do not have to put up with it in the workplace. Atlanta sexual orientation discrimination attorney Christine Forsythe at The Forsythe Law Firm, LLC can help you file a claim against your employer if they have engaged in discrimination or harassment. She also represented wrongfully accused employers, and served as in-house counsel for more than a decade to one of the largest insurance companies in the country.
Examples of Sexual Orientation Discrimination
Sexual orientation discrimination occurs when an employer makes an unfavorable employment decision based on an employee’s real or perceived sexual orientation, or their gender identity. It is against federal law to discriminate, or harass, an employee or job applicant based on their sexual orientation, and employers who do so can be held financially liable for the employee or applicant’s damages relating to employment losses, medical expenses, and emotional trauma. Examples of sexual orientation discrimination include:
- Refusal to hire based on sexual orientation
- Firing an employee because of their sexual orientation
- Firing an employee because of their gender identity
- Refusing to promote or give favorable employment reviews based on gender identity
- Refusing benefits because of an employee’s sexual orientation
- Any other negative employment decision based on gender identity or sexual orientation
Harassment Based on Sexual Orientation or Gender Identity
Discrimination does not always come in the form of job termination or reduced hours/pay. Harassment is another form of discrimination. Examples of sexual orientation harassment include:
- Name calling, offensive language, mockery, and offensive joking about an employee’s sexual orientation
- Physical or verbal threats based on sexual orientation or gender identity
- Offensive or derogatory remarks about an employee’s sexual orientation
- Intentionally and repeatedly using a transgender employee’s wrong name and pronouns
- Other acts that are frequent and severe enough to create a hostile work environment
Offenders do not have to be the employee’s boss in order for the employer to be held liable. Harassment from co-workers, vendors, supervisors, managers, customers, and other parties can constitute a hostile work environment. However, not all harassment counts as a hostile work environment. For example, if a coworker made an offensive offhand remark about being gay, was punished for it by the employer, and it did not happen again, it is unlikely that an employee would win a discrimination claim. Harassment must be either frequent or severe to constitute a hostile work environment.
Call Our Atlanta Sexual Orientation Discrimination Attorneys Today
Despite progress over the last few decades, sexual orientation discrimination is currently on the rise in certain parts of the country. Discrimination against transgender workers is likewise a growing problem. If you believe that you are the victim of sexual orientation or gender identity discrimination, call The Forsythe Law Firm, LLC today at 404.476.2717 to schedule a consultation with Atlanta sexual orientation discrimination attorney Christine Forsythe. Conversely, we also represent employers who have been unfairly accused of sexual orientation discrimination.