Guide to Claiming Sexual Orientation Discrimination

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Sexual orientation discrimination is an unfortunately common occurrence that can have a devastating effect on those affected by it. At its core, it is the act of treating someone differently based on their sexual orientation, and can range from refusing to hire or promote an employee to subjecting them to derogatory comments or jokes in the workplace. This type of discrimination disproportionately affects members of the LGBT+ community, who experience higher levels of hate crime than any other group.

The impacts of being discriminated against based on one’s sexuality can be equally damaging in terms of career prospects and mental health. LGBT+ individuals face reduced job opportunities and higher unemployment risks due to employers discriminating against them. Additionally, such discrimination often leads to feelings of anxiety, depression and isolation amongst those affected - all factors that impede productivity, increase absenteeism and reduce overall job satisfaction.

It is therefore essential that employers take steps to ensure their workplace is a safe and inclusive environment for all employees - this could involve implementing anti-discrimination policies or providing training around the importance of diversity and inclusion. On a wider level, it is also important that we continue advocating for greater legal protection for LGBT+ individuals so they feel protected in both the workplace and beyond.

At Genie AI we understand how vital these measures are; our open source legal template library uses millions of datapoints to teach our AI what a market-standard sexual orientation discrimination looks like - giving everyone access to high quality legal documents without consulting a lawyer. We’ve also put together this guide with step-by-step guidance through claiming sexual orientation discrimination - plus you don’t need an account with us at any time; we just want to help make sure everyone has access to justice when it comes injustice relating to sexual orientation discrimination no matter your background or circumstances.

Definitions

Title VII of the Civil Rights Act of 1964: This is a federal law that prohibits discrimination based on race, color, religion, sex, and national origin.

Americans with Disabilities Act (ADA): This is a federal law that prohibits discrimination against people with disabilities in employment, public accommodations, transportation, and other areas.

Equal Employment Opportunity Commission (EEOC): This is a federal agency that is responsible for enforcing laws that prohibit discrimination in the workplace.

Injunctive Relief: This is a court order requiring a party to do something (or refrain from doing something) that is necessary to protect the rights of another party.

Damages: This is a form of compensation sought in a civil lawsuit that is intended to compensate a party for losses they have suffered due to the wrongful conduct of another party.

Civil Case: This is a legal dispute between two or more parties in which one party seeks money damages or other remedies from the other.

Criminal Case: This is a legal dispute between the government and an individual or entity in which the government seeks to punish the accused for a crime that was allegedly committed.

Contents

1. Understanding the legal implications of sexual orientation discrimination in the workplace
2. Identifying instances of discrimination and the associated consequences
3. Assessing the potential impact of discrimination on the victim
4. Understanding the legal remedies available to the victim
5. Investigating and documenting evidence of discrimination
6. Collecting relevant documents and other forms of evidence
7. Interviewing witnesses to the alleged discrimination
8. Filing a complaint with the appropriate agency or organization
9. Understanding the complaint filing process
10. Submitting the complaint and providing any additional evidence
11. Pursuing legal action if necessary
12. Understanding the differences between civil and criminal cases
13. Assessing the potential risks and benefits of pursuing a legal claim
14. Understanding the employer’s obligations and responsibilities towards their employees
15. Examining relevant laws and regulations
16. Understanding the employer’s duties to protect employees’ rights
17. Examining workplace policies and procedures that may contribute to discrimination
18. Evaluating existing policies and procedures
19. Developing new policies and procedures to create an inclusive workplace
20. Understanding how to create a safe and inclusive workplace environment
21. Developing a comprehensive diversity and inclusion program
22. Educating employees and management on the importance of respecting diversity
23. Educating employees and management on the importance of respecting diversity
24. Assessing existing training programs and developing new ones
25. Understanding the importance of creating a sense of belonging
26. Utilizing available resources to support victims of discrimination
27. Identifying local and national organizations that provide support
28. Understanding the available support services and how to access them

Get started

Understanding the legal implications of sexual orientation discrimination in the workplace

• Learn about the laws that protect employees from sexual orientation discrimination in the workplace.
• Familiarize yourself with the relevant federal and state laws, including Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) guidelines and any state-specific laws that apply.
• Research any precedent cases and legal decisions related to sexual orientation discrimination in the workplace.
• Determine how the law defines sexual orientation discrimination and how it is addressed in the workplace.
• When you understand the legal implications of sexual orientation discrimination in the workplace, you can check this step off your list and move on to the next step.

Identifying instances of discrimination and the associated consequences

• Understand the definitions of sexual orientation discrimination, such as unequal treatment of an employee based on their real or perceived sexual orientation
• Learn the various types of sexual orientation discrimination, such as harassment, termination, unequal pay or benefits, and failure to hire or promote
• Understand the legal consequences of sexual orientation discrimination, including potential damages, fines, and penalties
• Identify any potential signs of sexual orientation discrimination in the workplace
• Be aware of any potential threats or consequences that may arise due to discrimination
• Document any instances of discrimination and the associated consequences

Once you have a thorough understanding of the definitions and types of sexual orientation discrimination and the potential legal consequences, you can check this off your list and move on to the next step.

Assessing the potential impact of discrimination on the victim

• Examine the nature of the discrimination and the impact it has had on the victim
• Consider the potential psychological and physical harm the victim may have suffered
• Talk to the victim to understand how the experience has affected them
• Document the potential impact to the best of the ability
• Once the potential impact has been assessed and documented, the next step can be undertaken.

Understanding the legal remedies available to the victim

• Review applicable laws in your state or local jurisdiction regarding sexual orientation discrimination to understand the legal remedies available to the victim
• Consult with an attorney or legal expert to better understand the legal options and remedies available to the victim
• Research case law to gain an understanding of how courts have interpreted and applied the law to similar cases
• Create a list of potential legal remedies available to the victim, including remedies for punitive damages, compensatory damages, injunctive relief, and other forms of relief
• When you have a clear understanding of the legal remedies available to the victim, you can move on to the next step.

Investigating and documenting evidence of discrimination

• Interview witnesses: Ask those who witnessed the discrimination to provide detailed information about what they saw, heard, and experienced.
• Obtain relevant documents: Gather documents, such as emails, texts, and other forms of written communication, that could provide evidence of discrimination.
• Retain counsel: Consider consulting with an experienced attorney who specializes in employment law to help you navigate the process.
• Obtain expert testimony: Consider hiring an expert to testify on your behalf or provide an opinion about the discrimination.

You will know when you can check this off your list and move on to the next step when you have gathered enough evidence to support your claim. This evidence should include witness accounts, relevant documents, and expert testimony.

Collecting relevant documents and other forms of evidence

• Look through any documents or emails that you or the alleged discriminator may have that might support your claim
• Collect any evidence that you may have that shows any kind of discrimination based on your sexual orientation
• Ask any witnesses to the alleged discrimination if they have any documents or emails that may be relevant
• Put together a collection of all the evidence you have gathered
• Make sure to make copies of all documents, emails, and other forms of evidence

When you have collected all of the relevant documents and other forms of evidence, you can check this step off your list and move on to the next step of interviewing witnesses to the alleged discrimination.

Interviewing witnesses to the alleged discrimination

• Meet with witnesses who were present during the alleged discrimination
• Ask questions regarding the situation, such as what happened, who was present, and how they felt
• Record the conversation and take notes to make sure that all information is accurately documented
• Make sure to ask the witnesses if they are willing to testify in court if necessary
• When finished, review the notes and recordings to ensure that all relevant information was captured
• When you have a clear understanding of the witnesses’ accounts, you can check off this step and move on to filing a complaint with the appropriate agency or organization.

Filing a complaint with the appropriate agency or organization

• Research the federal, state, and local organizations that deal with sexual orientation discrimination complaints.
• File the complaint with the most appropriate organization for your situation.
• Provide documentation of the discrimination such as emails, witness statements, and other evidence.
• You will know that you have completed this step when you have received a response from the organization with whom you have filed the complaint.

Understanding the complaint filing process

• Understand the specifics of your complaint, including what type of discrimination is being claimed, the timeline of events, and any evidence of the discrimination.
• Identify the appropriate agency or organization to file a complaint with. This could be a state or federal agency, such as the Equal Employment Opportunity Commission (EEOC) or the Department of Housing and Urban Development (HUD).
• Research the agency or organization’s complaint filing process, including any forms that need to be completed and any filing deadlines.
• When you have a comprehensive understanding of the complaint filing process, including all forms and deadlines, you can check this step off your list and move on to submitting the complaint and providing any additional evidence.

Submitting the complaint and providing any additional evidence

• Gather any evidence or documents related to the discrimination such as emails, memos, or other records
• Compile all evidence and review it to make sure it is relevant to the claim
• Contact the relevant government agency or commission to submit the complaint and provide all relevant evidence
• File the complaint and provide any additional evidence that may support the claim
• Receive confirmation from the government agency or commission that the complaint has been received
• Keep a copy of the confirmation for your records
• You can check this off your list when you have received confirmation of the complaint submission and provided any additional evidence.

Pursuing legal action if necessary

• Research the legal options available in your state and/or country for pursuing sexual orientation discrimination cases
• Contact an attorney or legal representative and discuss the details of your case with them
• Draft and file a civil lawsuit in the appropriate court if needed
• Collect evidence and identify witnesses to support your case
• Prepare for the trial and take part in any proceedings
• Receive your judgment and/or settlement
• Once you have the verdict of your case, you can move on to the next step of understanding the differences between civil and criminal cases.

Understanding the differences between civil and criminal cases

• Understand the basic differences between civil and criminal cases: in civil cases, a plaintiff is suing a defendant for damages, while in criminal cases, the government is prosecuting a defendant for a crime.
• Learn about the types of cases that can be brought in civil court, such as harassment, discrimination, or wrongful termination.
• Research the difference between state and federal laws regarding sexual orientation discrimination.
• Learn about the burden of proof in both civil and criminal cases, and the differences in the amount of evidence needed for a successful case.
• Research the different remedies available in civil court, such as monetary damages, injunctions, or other forms of relief.
• Once you have a good understanding of the differences between civil and criminal cases, you can move on to the next step.

Assessing the potential risks and benefits of pursuing a legal claim

• Determine if taking legal action is the best route to pursue.
• Research the potential risks, such as the time, energy and money it may take to bring a case to court.
• Consider the potential benefit of a successful case, such as back pay or the right to return to the workplace.
• Consult with a lawyer to help you understand the potential risks and benefits of pursuing a legal claim.
• Be aware of any potential personal consequences of filing a lawsuit, such as emotional stress or a strained relationship with your employer.

When you can check this off your list and move on to the next step: When you have completed the research and consulted with a lawyer to understand the potential risks and benefits of pursuing a legal claim.

Understanding the employer’s obligations and responsibilities towards their employees

• Learn about the laws and regulations that your employer must abide by in order to prevent discrimination based on sexual orientation
• Understand your employer’s responsibilities to protect employees from discrimination and harassment based on sexual orientation
• Become familiar with your employer’s policies and procedures for reporting discrimination and harassment
• Identify any additional resources available to you and other employees who may be facing discrimination or harassment based on sexual orientation
• Ensure that you are aware of how your employer should handle any complaints of discrimination and harassment

You will know you have completed this step when you have a thorough understanding of your employer’s obligations and responsibilities in regards to discrimination and harassment based on sexual orientation.

Examining relevant laws and regulations

• Research and become familiar with local, state and federal laws regarding sexual orientation discrimination in the workplace.
• Contact the relevant authorities, such as the Equal Employment Opportunity Commission (EEOC) to get a better understanding of the laws in your jurisdiction.
• Read up on any case law in your jurisdiction to get a better understanding of how the law has been interpreted and applied.
• Make sure to understand any exemptions given to employers and any other special considerations that may apply in your jurisdiction.
• When you have a good understanding of the relevant laws and regulations, you can move on to the next step.

Understanding the employer’s duties to protect employees’ rights

• Research the applicable federal, state, and local laws regarding sexual orientation discrimination in the workplace
• Familiarize yourself with the laws in your jurisdiction that protect employees from discrimination based on sexual orientation
• Understand the employer’s responsibility to protect employees from sexual orientation discrimination, including the obligation to provide a safe and non-hostile work environment
• Understand the potential consequences for employers who fail to adhere to anti-discrimination laws
• When you have a clear understanding of the laws and regulations related to sexual orientation discrimination, and the employer’s duties in protecting employees’ rights, you can check this off your list and move on to the next step.

Examining workplace policies and procedures that may contribute to discrimination

• Review the employer’s policies and procedures to determine if there are any that may contribute to discrimination based on sexual orientation
• Identify any policies or procedures that may indirectly lead to discrimination, such as dress code, grooming standards, and language use
• Compare the employer’s policies and procedures to relevant laws and regulations to ensure compliance
• Make sure that all policies and procedures are being followed and enforced consistently
• When you have completed this step, you will have a better understanding of the employer’s policies and procedures and how they may contribute to sexual orientation discrimination.

Evaluating existing policies and procedures

• Review existing workplace policies and procedures related to discrimination and harassment, and consider how they may contribute to discrimination based on sexual orientation
• Note any policies that may be unclear or inadequate in protecting against discrimination
• Assess the effectiveness of existing policies and procedures in addressing sexual orientation discrimination
• Identify any gaps in existing policies and procedures that can be addressed
• Evaluate existing training and education programs to ensure they cover sexual orientation discrimination
• When complete, you should have a comprehensive understanding of any existing policies and procedures that may have an impact on sexual orientation discrimination in the workplace.

Developing new policies and procedures to create an inclusive workplace

• Research and review existing policies and procedures to establish a baseline for new policies and procedures
• Create policies and procedures that are specific to sexual orientation discrimination
• Ensure that all new policies and procedures are compliant with relevant labor laws and regulations
• Make sure the policies and procedures are clearly communicated to all staff in an easily accessible format
• Create a system for documenting and tracking any new policies and procedures
• Ensure that any new policies and procedures are reviewed and updated regularly
• Monitor the implementation of new policies and procedures to ensure compliance

You’ll know when you can check this off your list and move on to the next step when you have created, communicated, and implemented all new policies and procedures related to sexual orientation discrimination.

Understanding how to create a safe and inclusive workplace environment

• Educate yourself and your team on gender identity and sexual orientation diversity
• Establish a zero-tolerance policy for discrimination and harassment in the workplace
• Develop a comprehensive diversity and inclusion program
• Ensure all employees are knowledgeable of the policies and procedures in place to protect the rights of LGBTQIA+ individuals
• Provide training on LGBTQIA+ sensitivity and cultural competency to all staff
• Encourage active participation in workplace diversity initiatives
• Create a safe and inclusive environment for LGBTQIA+ employees to bring their whole selves to work

When you have completed these steps, you can check this off your list and move on to developing a comprehensive diversity and inclusion program.

Developing a comprehensive diversity and inclusion program

• Create a policy document outlining your organization’s commitment to diversity and inclusion
• Develop a plan for recruiting and hiring diverse employees
• Develop a plan for creating a workplace environment that is welcoming and respectful of all employees, regardless of sexual orientation
• Establish a system for monitoring and evaluating progress in creating a diverse and inclusive workplace
• Create a comprehensive training program on sexual orientation discrimination and anti-discrimination policies
• Provide resources for employees to learn about sexual orientation discrimination, to report any discrimination, and to seek help if needed
• Establish a system for tracking complaints and addressing any issues of sexual orientation discrimination

Once these steps have been completed, you will have created a comprehensive diversity and inclusion program that addresses sexual orientation discrimination.

Educating employees and management on the importance of respecting diversity

• Create a training program to help employees and management understand the importance of respecting diversity in the workplace.
• Include discussion of what constitutes sexual orientation discrimination and how to handle instances of discrimination.
• Invite representatives from the community to speak to employees and management about the importance of respecting diversity.
• Provide feedback and answer questions about sexual orientation discrimination and diversity during the training sessions.
• Make sure employees and management understand the company’s policy on sexual orientation discrimination and how to report it.

How you’ll know when you can check this off your list and move on to the next step:

• When the training program has been completed and all employees and management have received the training.

Educating employees and management on the importance of respecting diversity

• Create an educational program that will inform employees and management of the negative consequences of discrimination based on sexual orientation.
• Develop a policy that outlines the expectations of employees and management when it comes to respecting all sexual orientations.
• Make sure the policy is clear and easy to understand.
• Provide training materials that explain the policy and how it applies to different scenarios.
• Include a section in the policy that outlines the consequences of not abiding by the policy.
• Make sure the policy is communicated to all employees and management.

How you’ll know when you can check this off your list and move on to the next step:

• When all employees and management have been educated on the importance of respecting diversity and the policy has been communicated to them.

Assessing existing training programs and developing new ones

• Assess existing training programs to identify any gaps in coverage of sexual orientation discrimination
• Develop clear, comprehensive, and up-to-date training programs to educate employees and management on workplace diversity and sexual orientation discrimination
• Consider recruiting a diversity adviser or consultant to provide additional guidance and support
• Ensure that training programs are regularly reviewed and updated to ensure they remain relevant and effective
• Develop an evaluation system to measure the impact of training programs
• When you are satisfied that you have identified gaps and developed training programs to address them, you can move on to the next step.

Understanding the importance of creating a sense of belonging

• Ensure that all staff and employees understand the importance of creating a sense of belonging and acceptance for all members of the organization regardless of their sexual orientation.
• Educate staff and employees about the different types of discrimination, and how to recognize it in the workplace.
• Encourage open dialogue and discussion between staff and employees about diversity and inclusivity in the workplace.
• Establish clear policies and procedures to prevent and address discrimination based on sexual orientation.
• Make sure everyone is aware of the resources available to them in case they experience or witness discrimination.

When you can check this off your list and move on to the next step: When staff and employees understand the importance of creating a sense of belonging, when they are educated about different types of discrimination, when open dialogue and discussion is encouraged, when policies and procedures are in place to prevent and address discrimination and when everyone is aware of the resources available to them.

Utilizing available resources to support victims of discrimination

• Investigate the range of organizations that specialize in providing support to victims of sexual orientation discrimination.
• Research to see if there are local and national organizations that offer support for victims of sexual orientation discrimination.
• Look into the types of support that these organizations offer.
• Make sure to review the eligibility criteria for the organization’s services.
• Reach out to the organization to inquire further and ask any questions you may have.
• Once you have identified organizations that provide support for victims of sexual orientation discrimination, you can check this step off your list and move on to the next step.

Identifying local and national organizations that provide support

• Research local LGBT+ support organizations in your area using online resources
• Reach out to any local LGBT+ organizations to ask if they provide support for victims of sexual orientation discrimination
• Check for national LGBT+ support organizations, such as Lambda Legal or the National Center for Lesbian Rights, to see if they offer any services for victims of sexual orientation discrimination
• Once you have identified local and national organizations that provide support for victims of sexual orientation discrimination, you can move on to the next step.

Understanding the available support services and how to access them

• Research the variety of support services that are available to individuals who have experienced discrimination based on their sexual orientation.
• Look into what services are provided by local and national organizations that specialize in LGBTQ+ rights.
• Reach out to these organizations through their websites, social media accounts, or contact information to inquire about the services they provide.
• Make sure to inquire about any fees or eligibility criteria that may apply to these services.
• Once you have a clear understanding of the available support services and how to access them, you can check this off your list and move on to the next step.

FAQ

Q: Is the law different between the UK and the US when it comes to claiming sexual orientation discrimination?

Asked by Isabella on June 4th 2022.
A: Yes, there are a few differences between the UK and US law when it comes to claiming sexual orientation discrimination. In the UK, under the Equality Act 2010, it is unlawful to discriminate against someone based on their sexual orientation, while in the US, there is no federal law which explicitly prohibits such discrimination. However, many states, cities and counties in the US have adopted their own laws which do prohibit discrimination on the basis of sexual orientation. It is important to note that the US Supreme Court has also recognized that discrimination on the basis of sexual orientation is a form of sex discrimination and is therefore prohibited under Title VII of the Civil Rights Act of 1964.

Q: Does claiming sexual orientation discrimination differ across EU countries?

Asked by Liam on August 1st 2022.
A: Yes, EU countries have varying laws and regulations when it comes to claiming sexual orientation discrimination. In some countries, such as France and Germany, it is illegal to discriminate against someone based on their sexual orientation. In other EU countries, such as Greece and Italy, there are no explicit laws prohibiting such discrimination. However, even in countries where there are no explicit laws prohibiting such discrimination, individuals may still be able to bring a claim if they can show that they have been discriminated against due to their sexual orientation in some other way. It is important to note that most EU countries have adopted the EU Charter of Fundamental Rights which prohibits any form of discrimination based on sexual orientation.

Q: Does claiming sexual orientation discrimination differ depending on my industry or sector?

Asked by Emma on November 6th 2022.
A: Yes, claiming sexual orientation discrimination can differ depending on your industry or sector. For example, if you work in an industry or sector which is heavily regulated by government agencies or organizations, you may be protected under more stringent laws or regulations than those found in other industries or sectors. Additionally, if you are employed by a large corporation with its own internal policies and procedures regarding workplace discrimination, you may be subject to those policies and procedures as well as any applicable state or federal laws. It is important to note that while some industries or sectors may not have explicit laws prohibiting such discrimination, individuals may still be able to bring a claim if they can show that they have been discriminated against due to their sexual orientation in some other way.

Q: Are there any particular needs I should consider when making a claim for sexual orientation discrimination?

Asked by Noah on April 3rd 2022.
A: Yes, there are a few key things to consider when making a claim for sexual orientation discrimination. Firstly, it is important to document any instances of discrimination that you have experienced so that you can provide evidence for your claim should it be required. Additionally, it is important to research any applicable state or federal laws which may provide protection from such discriminatory behaviour and make sure you know your rights when speaking with your employer about your concerns. Furthermore, it is often helpful to seek out legal advice from a qualified lawyer who can provide advice specific to your situation as well as help you understand any potential legal remedies available to you should your claim be successful.

Example dispute

Sexual Orientation Discrimination Lawsuit

• Plaintiff must provide evidence that the defendant engaged in intentional discrimination of a protected class such as sexual orientation. This can include statements made by employers or policies that have an adverse effect on those of a particular sexual orientation.
• The plaintiff must show that the discrimination was intentional and not a result of a neutral policy.
• The plaintiff must also show that the discrimination resulted in damages such as lost wages, pain and suffering, or other economic losses.
• The plaintiff must also prove that the defendant’s actions were a direct result of the sexual orientation discrimination and not from any other cause.
• The plaintiff may be entitled to compensatory and/or punitive damages if the discrimination was found to be intentional.
• The plaintiff may also be entitled to injunctive relief such as a court order to stop the discrimination or to reinstate the plaintiff to the same position they were in prior to the discrimination.
• Settlement of the lawsuit may be reached through negotiations or a court order.
• If damages are awarded, they may be calculated based on the plaintiff’s lost wages, emotional distress, and any other economic losses caused by the discrimination.

Templates available (free to use)

Et1 Claiming Sexual Orientation Discrimination
Standard Employer Response To Sexual Orientation Discrimination Et3 Unfair Dismissal

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