At EQNM, we believe that every LGBTQ person deserves to live without fear of discrimination, including in the workplace. Queer and trans people deserve equal opportunity for advancement in the Land of Enchantment.
A helpful partner has given us a resource to share with you detailing how to identify discrimination at work and how to file a workplace discrimination claim. Read this resource below!
Steps LGBTQ+ Workers Can Take If They Are Experiencing Discrimination in the Workplace
Even though LGBTQ+ workers are protected by the Federal Civil Rights Act, nearly 1 in 10 workers who are LGBTQ+ say that they have experienced discrimination and harassment at work. And that number is likely higher because so many people don’t report the discrimination they experience and instead just move on to other jobs. But you don’t have to put up with that discrimination and harassment. You can fight back and hold your employer accountable for violating your civil rights.
Title VII of the Federal Civil Rights act made it illegal for employers to discriminate against employees because of their race, color, sex, religion, or place of birth. The Supreme Court extended those protections to include gender, identity, and orientation as well. If you have experienced discrimination at work you can file a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates Civil Rights Act violations.
The EEOC also works with 44 states to make sure that employers who discriminate get investigated. When a complaint is filed against any employer in those states the EEOC will send all the complaint information to the state labor board so that the state can investigate the company too.
Examples Of Workplace Discrimination
Discrimination can be hidden or it can be very obvious. Some common kinds of discrimination that LGBTQ+ people face include:
Not Getting a Raise Or Promotion — If you were scheduled for a raise or a promotion and your work performance has been good but suddenly you are receiving warnings and writeups for mistakes so that you don’t get your raise or promotion that’s discrimination.
Slurs, Epithets, or Discriminatory “Jokes” — When your bosses or coworkers make derogatory comments about LGBTQ+ people, use slurs, or make offensive statements that promote harmful stereotypes it’s always discrimination.
Asking you what your orientation is — Your orientation and gender are not your coworkers’ or bosses’ business and they cannot ask you about or ask you to confirm either one.
Misgendering you on purpose — If your coworkers or bosses consistently use the wrong pronouns or gender markers when talking to you and about you that’s discrimination. So is using your dead name if you’re transgender and have chosen a name.
Dress Code Restrictions — If your employer tries to institute a dress code that requires clothing based on sex or gender like requiring women to wear makeup or skirts that’s discrimination.
Filing A Workplace Discrimination Claim
The first step in stopping the discrimination is going to your boss and HR with a list of all the discrimination that you’ve experienced. Write down the dates, who did what, and what happened. If your boss and the HR department head refuse to help you or take action or if they dismiss your concerns then go to the EEOC’s website to start a complaint. You can also apply on the state level as well. In New Mexico, you can file a discrimination complaint with the New Mexico Department of Workforce Solutions. When you file a claim on the state level, it will be dual-filed to the EEOC and two agencies will work together to try to help resolve your claim.
Penalties For Discrimination
Civil Right Act violations are a big deal and companies can have to pay huge amounts in fines if they violate workers’ rights. Your employer could have to pay up to $10,000 per violation or face criminal charges. You could receive lump sums of money for any wages owed you for a raise or promotion that you didn’t get and for anguish or pain and suffering.
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