Columbus Sexual Orientation Discrimination Attorneys

Last updated on May 8, 2026

Sexual orientation discrimination happens in employment situations much too frequently. From discrimination during the hiring process to denied promotions and firings, employees who identify as gay, lesbian, bisexual, and transgender often face harassment on the job. Many of these employees also experience anxieties about whether they will be evaluated in job applications and when applying for promotions on the basis of their ability to perform the work as opposed to on the basis of their sexual orientation.

If you have faced sexual orientation discrimination on the job or in an employment application process, you may be able to file a claim. At Marshall Forman & Schlein LLC, you will find a sexual orientation discrimination lawyer in Columbus who can assist you.

What is Sexual Orientation Discrimination?

According to Workplace Fairness, a nonprofit organization that focuses on employee rights, sexual orientation discrimination is defined as a situation in which “an employee is subjected to negative employment action, harassment, or denial of certain benefits because of their sexual orientation, or the sexual orientation of someone they are close to.”

For residents of Columbus and other areas of Ohio, there are no explicit laws that prohibit sexual orientation discrimination, but you may be able to use existing laws to help with your claim.

Federal Laws on Sexual Orientation and Gender Identity Discrimination

Federal law does not explicitly prohibit sexual orientation discrimination in the workplace, but the U.S. Equal Employment Opportunity Commission (EEOC) recognizes sexual orientation and gender identity discrimination as forms of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964.

The EEOC explains that it “interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation,” and that “these protections apply regardless of any contrary state or local laws.” The EEOC provides the following examples of LGBTQ+ discrimination claims that it recognizes as unlawful sex discrimination under Title VII:

• Failing to hire a person because she or he is transgender
• Failing to hire a person because she or he is planning to make a gender transition or has already done so
• Harassing an employee because of plans to make a gender transition
• Failing to hire a person or denying a promotion to an employee because he identifies as gay or straight
• Denying an employee health insurance benefits for a spouse because the spouse is of the same sex as the employee
• Harassing an employee because of his or her sexual orientation
• Refusal to use the name and gender pronoun that correspond with the employee’s gender identity

Ohio Law on Sexual Orientation Discrimination

As Equality Ohio explains, there are no specific statewide laws in place to prohibit sexual orientation and gender identity discrimination. While LGBTQ+ anti-discrimination legislation has been introduced in the state legislature, such legislation has yet to pass.

Even though Ohio does not have specific protections for LGBTQ+ employees who face discrimination because of their sexual orientation or gender identity, it may be possible to file a claim under Title VII of the Civil Rights Act of 1964 and its prohibition against sex discrimination.

What is Pretext in an LGBTQ+ Discrimination Case?

Pretext in a discrimination case is essentially a questionable explanation provided to hide the truth about negative employment decisions. In an LGBTQ+ workplace discrimination scenario, employers may respond to discrimination claims by asserting that a negative employment decision stemmed from issues with the worker, not discrimination on the part of the company.

Pretext often involves claims about factors that might justify an employer’s decision to terminate, demote or unfavorably transfer a worker. Common forms of pretext include claims of significant performance issues, allegations of disciplinary problems, assertions of a poor fit for a team or even insistence on the elimination of a specific position.

Pretext is often an excuse provided after a worker files a claim as a means of shifting the burden of proof to the employee and their attorney. Challenging a pretext typically requires proof of inconsistent company explanations, unequal treatment compared to other employees and suspicious timing between the negative decision and management or coworkers learning about the worker’s LGBTQ+ identity.

Is Your Employer Required to Use Your Correct Pronouns and Name?

While no Ohio statutes explicitly require that employers use chosen names and preferred pronouns, prior federal court rulings support the right of employees to receive reasonable accommodations due to their protected status based on their gender identity.

The use of an employee’s legal name or pronouns that do not align with their preferences does not automatically constitute unlawful discrimination. However, when there is a pattern of intentional, repeated misgenderings and other mistreatment, the misconduct of coworkers and supervisors toward a worker with a chosen name and preferred pronouns could constitute a hostile work environment.

Provided that the issues persist after attempts to correct the matter, a worker could allege that companies have discriminated against them by allowing harassment in the form of a hostile work environment. If employers ignore legal name changes or violate their own policies, workers may have grounds for a discrimination claim.

Can Your Employer Deny Your Same-Sex Spouse Health Insurance Benefits?

No, your employer typically cannot refuse to provide your same-sex spouse with health insurance if they offer coverage to other workers who have opposite-sex spouses. Federal court rulings and antidiscrimination laws require that employers offer the same benefits to workers without considering their sexual orientation.

Denying a spouse access to health insurance could constitute compensation discrimination. Employees in same-sex relationships should have access to the same coverage as employees in opposite-sex relationships. While Ohio employers do not always need to offer insurance coverage to the spouses of their workers, if they do offer such coverage, every worker should have the same basic access and protections.

Seek Advice from a Columbus Sexual Orientation Discrimination Attorney

Sexual orientation discrimination claims can be complex, but a Columbus sexual orientation discrimination attorney can help. Contact Marshall Forman & Schlein LLC today to get started on your case.