Perhaps you’ve heard that Title VII of the Civil Rights Act of 1964 protects employees from discrimination against race and religion. You wonder if this federal law or any others protect the rights of the LGBTQ+ community in the workplace. In the Bostock v. Clayton County case, the Supreme Court ruled that Title VII prohibits employment discrimination based on sexual orientation. This means you cannot be fired, passed over, demoted or otherwise discriminated against because you are gay or transgender. Similarly, Missouri law also makes this illegal.
Do you suspect you were recently fired or discriminated against because of your sexual orientation? You could have the right to sue for employment discrimination.
Can You Be Fired Because of Your Sexual Orientation?
In June 2020, the Court ruled that discrimination in the workplace based on sexual orientation and transgender status violates Title VII. Based on this decision, public and private employers are prohibited from firing and discriminating against workers based on sexual orientation and gender identity.
If you believe you were unlawfully fired from your job, you can speak with an employment discrimination attorney in Kansas City to determine if any discrimination laws were broken. When you work with an attorney, you are much more likely to discover instances of harassment and recover compensation for your damages.
How Do You File a Claim Against Your Employer?
When you’ve been wrongfully terminated because of your sexual orientation, it’s frustrating, aggravating, embarrassing, and painful. You deserve the chance to make your voice heard, and one way you can do this is by filing a claim against your former employer. When you sue your employer, you can rectify the situation and receive any damages you may be entitled to.
Before demanding compensation from your employer for unlawful termination, you must follow certain procedures. First, you will need to file a charge with the EEOC or similar state agency, stating that your former employer violated the law when they fired you. Make sure you note the time limits for filing a charge of discrimination. Typically, you have 180 days from the time of discrimination to file, but that is extended in some states. Do not delay, because the claim must be brought within those time limits. Sooner is better than later. It’s best to hire an experienced discrimination attorney before you file the charge of discrimination, so that they can make sure that it explains everything correctly and asserts all available types of claims.
After filing the charge, the agency will investigate your case. They may choose to sue your employer themselves, or they will give you a Notice of Right to Sue, which you can use to file a lawsuit in court. Once you receive this notice, you and/or your lawyer will need to file the lawsuit within a very short time frame, usually 90 days.
Once your case moves to the court, you will need to show that you were discriminated against because of your sex (which can include sexual orientation or being transgender). Specifically, you will need to prove that:
- You’re a member of a protected class (e.g., LGBTQ+);
- Your employer knew you were gay or transgender;
- You were qualified for the position you had or wanted; and
- Your sex was a reason for that discrimination.
The employer will have the opportunity to dispute that they discriminated against you. If they can show they had other legitimate, non-discriminatory reasons for firing you, you will need to rebut their claims and prove their behavior was discriminatory. Because this process is so complex, it’s best to hire a discrimination lawyer to help you as early as possible to help you successfully navigate these hurdles.
Don’t Delay: Hire an Employment Discrimination Lawyer Today
If you’ve been wrongfully terminated or otherwise discriminated against due to your sexual orientation, don’t wait to take legal action against your employer. The deadlines for filing charges are short, so you will want to act as quickly as possible to receive compensation for your damages.
Curran Law Firm will help you identify gender discrimination at work and collect evidence to support your claim. Additionally, if you suspect you’ve been unfairly compensated for your work, a wage theft attorney can help you sue for compensation. For additional information, reach out today.
