SEXUAL ORIENTATION AND GENDER IDENTITY

Sexual Orientation/Gender Identity Discrimination

In June 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers of more than 15 employees from discriminating against applicants and employees because of sexual orientation and/or gender identity with regard to hiring, firing, pay, job assignments, promotions, layoffs, training, benefits and other terms and conditions of employment.

Under Title VII, employees must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory action.  This is a strict deadline.  You will lose some of the most important federal claims available to you if you do not file a charge with the EEOC.  If you have already missed the deadline, it is still important to reach out to an attorney to discuss your options.

Examples of Sexual Orientation and Gender Identity Discrimination Include:

  • Firing an employee because they are LGBTQ.
  • Firing an employee because they are planning or has made a gender transition.
  • Denying benefits for an employee’s partner because their partner are the same sex as the employee.
  • Treating an employee differently after learning that they are LGBTQ.
  • Harassing an employee due to sexual activity or orientation.
  • Allowing an employee’s sexual orientation or gender identity to play a role in promotional decisions.
  • Allowing an individual’s sexual orientation or gender identity to play a role in whether an individual is hired or asking different interview questions based on their sexual orientation or gender identity.

If you have been subjected to discrimination because of your sexual orientation or gender identity, contact Rich Daugherty.  He is experienced in representing clients who have been victims of this discrimination in the workplace and will fight to protect your rights.

You can arrange for an initial phone conference with Rich at no charge.

Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.

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