Sexual Orientation and Gender Identity Discrimination in the Workplace
Understanding Discrimination Based on Sexual Orientation and Gender IdentityAt slnlaw, we are dedicated to upholding the rights of individuals who may face discrimination in the workplace based on sexual orientation or gender identity. Federal and state anti-discrimination laws provide essential protection against such forms of discrimination. In this article, we delve into the intricacies of sexual orientation and gender identity discrimination, offering valuable insights into these areas of employment law. Additionally, you can explore real-life case studies that highlight individuals we've assisted in their sexual orientation and gender identity discrimination cases.
Defining Sexual Orientation and Gender Identity DiscriminationSexual orientation and gender identity discrimination involve treating individuals unfavorably due to these specific characteristics. Discriminatory practices can manifest in various employment decisions, including hiring, promotion, discipline, or termination. For example, it may involve denying a promotion to a qualified LGBTQ+ employee, subjecting them to unfair discipline, or terminating their employment without legitimate reason or for a pretextual reason.
Recognizing Sexual Orientation and Gender Identity DiscriminationDiscrimination may not always be overt hostility; it can manifest in subtle ways. In today's diverse workplaces, it's crucial to acknowledge and address unconscious biases that can affect employees based on their sexual orientation and gender identity. These biases often go unnoticed and can impact LGBTQ+ employees differently than their heterosexual or gender-conforming counterparts.
For instance, employers may inappropriately assume that LGBTQ+ employees prioritize their personal lives over work commitments, or they may underestimate their interest in participating in company social and team-building activities. Additionally, there may be unwarranted concerns about how LGBTQ+ employees will be received by customers or clients and doubts about their ability to effectively engage with a diverse team or customer base. Harassment Based on Sexual Orientation or Gender IdentityWorkplace harassment, including inappropriate language, derogatory comments, or jokes perpetuating stereotypes based on sexual orientation or gender identity, is unlawful when motivated by discrimination. Reporting such behavior places the responsibility on the employer to investigate and address the situation. Anti-discrimination laws protect individuals from retaliation for raising concerns about discrimination in their work environment.
Proving Knowledge of Sexual Orientation or Gender IdentityOne challenge in addressing discrimination based on sexual orientation or gender identity is establishing the employer's awareness of these aspects of an employee's identity. While some individuals may openly disclose their sexual orientation or gender identity, not everyone does. It is important to note that in cases where an employee has not explicitly disclosed their sexual orientation or gender identity, proving the employer's knowledge can be more complex. In such situations, it may require careful documentation of comments or actions that reveal an employer's knowledge or belief about the employee's identity or orientation.
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Time Limits for Discrimination Claims
Understanding the statute of limitations is crucial for discrimination claims. In Massachusetts, the typical deadline for filing discrimination lawsuits is 300 days, offering more time than federal claims (180 days). Additional time may be available when transitioning from agencies like the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD) to civil court. Don't miss the opportunity to protect your rights—consult an employment discrimination lawyer if needed.
However, it's essential to be aware of the potential danger of allowing your case to linger in MCAD for more than three years. In some instances, cases have remained in MCAD for an extended period during processing. If your case surpasses the three-year statute of limitations while in MCAD, you risk losing the opportunity to bring your claim to court. To safeguard your rights effectively, consider withdrawing your complaint from MCAD and pursuing legal action in court if your case faces significant delays. Don't let the passage of time jeopardize your ability to seek justice.
However, it's essential to be aware of the potential danger of allowing your case to linger in MCAD for more than three years. In some instances, cases have remained in MCAD for an extended period during processing. If your case surpasses the three-year statute of limitations while in MCAD, you risk losing the opportunity to bring your claim to court. To safeguard your rights effectively, consider withdrawing your complaint from MCAD and pursuing legal action in court if your case faces significant delays. Don't let the passage of time jeopardize your ability to seek justice.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced legal team can provide expert guidance and representation to ensure that your rights are protected. We offer assistance in addressing discriminatory practices, navigating complex workplace issues, and pursuing legal remedies when necessary. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.