Employment Discrimination Lawyer Serving Clients Filing Sexual Orientation Claims in Columbus, Ohio
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 claim. A sexual orientation discrimination lawyer in Columbus 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, 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 LGBT 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; and
- 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 state laws in place to prohibit sexual orientation and gender identity discrimination. While LGBT 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 LGBT 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.
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, LLC today to get started on your case.