If you were fired because of your sexual orientation, you may have a wrongful termination claim. This is because sexual orientation is now a protected class, and discrimination based on a person's sexual orientation is prohibited by law.
Discrimination based on one's sexual orientation is a form of sex discrimination which is prohibited as part of employment law by the Civil Rights Act of 1986, Title VII, regardless of state or local laws. This means you have the right to file a complaint against your employer if you have been a victim of wrongful termination based on your sexual orientation and you may even be eligible for compensation if you can prove you have been fired due to your sexual orientation.
Is Sexual Orientation a Protected Class?
Yes, sexual orientation and those in the LGBTQ+ community are part of a protected class in Title VII of the Civil Rights Act. The EEOC has stated sexual orientation is a form of sex discrimination so they are prepared to support you if you file a complaint for being a victim of discrimination based on your sexual orientation. The law forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
It is also unlawful to harass an employee in the workplace so that it creates a hostile work environment based on the employee’s sexual orientation or gender identity. Harassment may include offensive or derogatory remarks about a person’s sexual orientation (e.g., being gay or straight). It can also include offensive or derogatory comments about a person's transgender status or gender transition.
What to Do If You Were Fired for Your Gender Orientation
The first step to take when you discover you have been fired due to your sexual orientation
is to file a complaint with the EEOC or you state board. You will need to provide evidence to prove you have lost your job due to your sexual orientation.
How to Prove Wrongful Termination Due to Sexual Orientation
You will need to show that your employer fired you explicitly due to your sexual orientation & that it violated the law. The evidence needs to prove that this is the reason for the termination. The sorts of evidence you could provide to support your claim is examples of harassment or discrimination for being gay/bisexual/lesbian/etc. This could be threats from your employer that you are going to lose your job because it has discovered you are part of the LGBTQ+ community. You will need to provide proof of such threats like recordings of conversations, records of emails and evidence from co workers who have heard the threats from your employer.
Get Help With Your Claim
It is never easy getting enough evidence to prove you were wrongly terminated due to your sexual orientation, but if you talk to a wrongful termination lawyer you will have a higher chance of proving your case and being awarded compensation because your employer broke the law.
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