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Identifying sexual orientation and gender identity discrimination

On Behalf of | Nov 4, 2021 | Workplace Discrimination |

Everyone is free to choose their sexual orientation and gender identity. If someone at work discriminates against you because of your sex, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). Some people are afraid to do this because they are unsure if the law says they have been discriminated against.

In this post, we will look at what actions might constitute sexual orientation and gender identity discrimination.

Misuse of preferred name or pronoun

Your coworkers and employers must respect your gender identity. This means they should call you by your preferred name and pronoun. If they make a mistake occasionally, then it is unlikely that this rises to the level of discrimination. However, if they intentionally and repeatedly call you by the wrong name or pronoun, you should consider filing a complaint.

Segregation based on customer preferences

It would be unlawful for your employer to keep you away from certain customers because of your sexual orientation or gender identity. Your employer also cannot keep you out of public events or places because of their customer’s preferences. Hiding an employee from public view is discriminatory.

Clothing and facilities restriction

Your employer cannot prohibit you from entering a bathroom, locker or shower room that corresponds to your gender identity. The employer also cannot forbid you to dress according to your gender. You have the right to express your choice of gender in your clothing, as long as your clothes are appropriate for work.

Offensive remarks

You should never have to tolerate offensive remarks about your sexual orientation or gender transition. If your coworkers or employer constantly make insulting comments about your sex, you have the right to put a stop to their offensive behavior.

Protecting your rights

You have the right to be yourself at the workplace without facing discrimination. If you are not being treated with respect, you can fight back by filing a complaint with the EEOC or Michigan Civil Rights Department. You should file a complaint as soon as possible as there are time limitations on your claim.

If you have questions, contact an attorney who understands this area of employment law.


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