Attorneys

Despite fairly broad federal civil rights laws that have been in place for years, there is no federal law that covers discrimination against people based on their sexual orientation. While some state and local laws do cover discrimination based on sexual orientation, these laws certainly do not exist nationwide. Therefore, if you are being discriminated against on the basis of your sexual orientation, you should seek an attorney that can more specifically advise you as to what legal protections are available to you in your area of the country. 

 

According to the Lambda Legal Defense and Education Fund, a national resource and action center for issues related to sexual orientation and identity, the most commonly complained-of type of discrimination based on sexual orientation occurs in the private sector workplace. There may be coverage for selected types of discrimination under broader federal laws; for instance, some courts have applied sex discrimination laws to transgendered persons who have encountered discrimination in the workplace. Another example is persons who are HIV positive; the Americans with Disabilities Act prohibits employers from discriminating against workers based on their HIV status. Plus, if you are an employee of the federal government, there is an executive order that prohibits discrimination based on sexual orientation. Despite these specific situations where legal recourse may be available, discrimination against persons based on sexual orientation is likely to go unchecked in the absence of an applicable state or local law, which exists in less than half of the states.

 

There are some states and localities that have laws specifically outlawing discrimination in the private sector workplace based on sexual orientation. Still other states have laws that prohibit such discrimination in the public sector workplace only. Plus, there is a handful of states, counties, and/or cities that ban discrimination based on gender identity.

 

Even if you live in an area of the country where there are no state or local laws prohibiting discrimination based on sexual orientation, there are many legal theories under which you might have some recourse. After all, discrimination on the basis of sexual orientation is a relatively new and constantly evolving area of the law, so you may be able to fight back against an employer that discriminates against you on this basis. And, for the very same reason, if you are an employer, you would be well-advised to avoid basing any employment decision on an employee’s sexual orientation.

 

If you feel that your employer has discriminated against you based on your sexual orientation, you should first consult an attorney and/or state or local civil rights agency in order to determine if you have any recourse. If you are unable to find information in your area, you can also contact the national office of Lambda Legal at (212) 809-8585, or online at www.lambdalegal.com. Lambda Legal is actively involved in education and litigation related to discrimination on the basis of sexual orientation, and may be able to help you with your problem, or at least point you to available resources.