If you have suffered illegal discrimination or retaliation under Title VII or state anti-discrimination laws, you may be entitled to reinstatement in your job; back pay for lost wages; front pay for future lost wages; litigation costs and attorney fees; and other compensatory damages.
As with all legal claims, deadlines are crucial. In many jurisdictions, private-sector employees have only 180 days to file charges of workplace discrimination.
What does Title VII say about LGBT employment discrimination?
Title VII of the Civil Rights Act does not explicitly identify LGBTQ employees as a protected class. However, the U.S. Supreme Court in Price Waterhouse v. Hopkins held that Title VII prohibits discrimination based on an employee’s non-conformance to traditional sex stereotypes. An increasing number of federal courts interpret this to mean that LGBTQ discrimination is forbidden under Title VII.
I work in Washington, D.C. Am I protected from workplace discrimination on the basis of my sexual orientation?
Yes. The D.C. Human Rights Act prohibits termination, suspension, demotion, failure to hire, and harassment of individuals based on their sexual orientation. It also forbids discrimination based on gender identity or expression, regardless of the individual’s assigned sex at birth. The D.C. Human Rights Act applies to all employers — unlike Title VII, it doesn’t exempt workplaces with just a handful of employees. Employees who believe they have suffered discrimination based on sexual orientation must file a complaint within one year of the date on which the adverse action was taken. The D.C. Human Rights Act does not have a damages cap and authorizes reinstatement, back pay, and compensatory damages.
I work in Maryland. Am I protected from workplace discrimination on the basis of my sexual orientation?
Yes. Under Maryland law, employers are prohibited from discriminating against employees based upon sexual orientation. An employee who suffers from discrimination can file a complaint with the Maryland Commission on Human Rights and has the right to a jury trial. A prevailing employee is entitled to reinstatement, back pay, and litigation costs including attorney fees.
I work in a state that does not have a law forbidding LGBTQ discrimination in the workplace. Am I still protected?
Maybe. Although Title VII doesn’t expressly prohibit LGBTQ employment discrimination, some federal courts have started to read the statute that way. You should speak with an attorney to learn whether you’re in a favorable federal jurisdiction — and what your other options might be.
I am working on a federal contract and my employer is discriminating against me on the basis of my sexual orientation. Am I protected?
Yes. On July 21, 2014, President Barack Obama signed Executive Order 13672, which extends workplace protections to employees who are working on federal contracts and are discriminated against on the basis of their sexual orientation or gender identity.