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Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Gender identity and sexual orientation discrimination are illegal

| May 11, 2021 | Employment Discrimination

Everyone willing and able to hold a job should be able to find suitable employment. While many factors go into an employer’s decision about who to hire, some factors shouldn’t ever be part of the equation. 

It’s illegal for employers to consider certain details when hiring or making decisions regarding any aspect of a person’s employment. Existing laws prohibit employers from considering a prospective or current employee’s gender identity or sexual orientation at any stage of the employment process. 

What are gender identity and sexual orientation?

A person’s gender identity is simply what gender or lack thereof that they represent themselves as. Their sexual orientation has to do with the type of individual a person is attracted to romantically. Neither of these points should have an impact on their employment. It’s against the law for companies to refuse to hire individuals based on those points. It’s also illegal for these workers to face negative employment actions because of these factors. 

Some people who don’t have a traditional gender identity or sexual orientation face snide comments made by co-workers, superiors and others. This type of treatment may constitute harassment or discrimination. This includes things like failing to use the correct pronouns for a person. It can also include comments about a man being “too feminine” or a woman being “too masculine” simply because of how they dress or present themselves. 

Anyone who’s been the victim of discrimination based on their sexual orientation or gender identity should learn their options for handling the situation. Working with an attorney who’s familiar with the policies and laws regarding LGBTQ discrimination can help you learn more about your rights. You must ensure that you act quickly because there are time limits that apply to these cases.

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