Pride Month is a time to celebrate how far LGBTQ+ people have come. But if you’re dealing with a difficult workplace, it can also be a reminder that you shouldn’t have to put up with discrimination or harassment just to keep your job.
The law protects you. Recognizing when something crosses the line and knowing what to do next can help you make informed decisions about your workplace.
What LGBTQ+ Discrimination Can Look Like
Sometimes, discrimination is something obvious. Someone scrawls a slur on a picture of you, a manager says they don’t want you to take a client meeting because of your identity, or a coworker repeatedly deadnames you and uses the wrong pronouns.
But discrimination is not always that direct.
You might be passed over for a promotion you were told you were on track for. Your manager could become distant after you come out. Coworkers make “jokes” that aren’t funny or ask you inappropriate or invasive questions. Someone shares your identity without your consent.
If you’re told you “shouldn’t take things so seriously,” that may be a sign that someone is minimizing conduct you have a valid reason to question.
A Hostile Work Environment Can Build Over Time
A hostile work environment is not always one dramatic incident. It can develop through a pattern of conduct that makes it harder to feel safe, respected, or fully present at work, such as:
- Repeated misgendering or deadnaming
- Comments about your relationships or identity
- Being treated differently than coworkers doing the same job
- Pressure to “tone it down” or avoid being open about who you are
Not every unpleasant interaction is unlawful. But if the conduct is serious or frequent enough to affect the terms and conditions of your employment, it may be part of a hostile work environment. If you are showing up to work anxious about how you will be treated or hiding parts of yourself to feel safe at work, that is a signal worth taking seriously.
Discrimination and Harassment Are Illegal
Federal law prohibits certain forms of workplace discrimination. The Civil Rights Act prohibits employment discrimination “because of sex,” and the U.S. Supreme Court held in its 2020 decision in Bostock v. Clayton County that this includes discrimination based on sexual orientation and gender identity.
Harassment can violate the law when it’s tied to a protected characteristic and is serious or pervasive enough to affect your compensation, terms, conditions, or privileges of employment. In other words, the law can reach more than hiring, firing, pay, or promotions. It can also protect against workplace conduct that changes your day-to-day experience.
State and local laws may add another layer of protection. Washington, D.C., New York, California, New Jersey, Illinois, Maryland, Massachusetts, Colorado, and several other states expressly prohibit employment discrimination based on sexual orientation and gender identity. Those laws can matter because they may give you more time to file a claim, allow broader remedies, cover smaller employers that are too small for Title VII, or provide stronger protections.
You do not have to wait until a situation becomes intolerable before asking what options you may have.
You Don’t Have to Hide Who You Are to Stay Employed
A lot of LGBTQ+ workers develop quiet strategies to get through the day: keeping personal details vague, avoiding certain conversations, staying under the radar.
That’s understandable. It’s also a sign that something isn’t right.
You should be able to be fully present at work without worrying that your identity will be used against you.
What You Can Do If Something Feels Off
Talking with an experienced employment lawyer can help you assess your situation. You do not need to have a perfect case to have a conversation. A consultation can help you understand:
- whether your experience may be unlawful
- your options before things escalate
- whether and how to raise your concerns
You Don’t Have to Figure This Out Alone
Thinking about how to respond to workplace discrimination or harassment can be scary. You may want the behavior to stop but worry about retaliation, your reputation, or your job.
Those are real concerns. They are also reasons to get guidance before making decisions that could affect your job, your legal rights, or your ability to respond effectively.
An employment lawyer can help you understand what facts matter, what the law may protect, and how to think through your next step without putting yourself at unnecessary risk.
If you are dealing with discrimination or harassment at work, contact us to talk through what you are experiencing and what options may be available. Our intake team is available at 866-772-4133, Monday to Friday, 8:30 a.m. to 9 p.m. Eastern time.
