LGBTQ Discrimination Attorneys in Charleston, WV

Charleston, WV LGBTQ Discrimination: Holding Employers Accountable

Bailess Law Firm recognizes the impact LGBTQ discrimination can have on your mental health and wellbeing, not to mention on your livelihood. We have zero tolerance for LGBTQ discrimination and are committed to fairness in the workplace. Our workplace discrimination lawyers hold employers accountable for engaging in LGBTQ discrimination, which can include:

• Derogatory comments about homosexual, bisexual, or transgender individuals
• Harassment from an employer or co-workers based on your sexual orientation or gender identity
• Jokes about your sexual orientation or gender identity
• Not being hired or being denied a promotion based on your sexual orientation or gender identity
• Being fired because of your sexual orientation or gender identity
• Being treated differently, especially after your sexual orientation or gender identity is known
• Retaliation for reporting LGBTQ discrimination
• Failure to take prompt and correct action against discrimination

How to Report LGBTQ Discrimination in the Workplace

If you experience discrimination at work due to your sexual orientation or gender identity, it’s important to report it. Here’s a step-by-step guide to help you take action:

Report to Your Employer or Supervisor

• Speak Up: Notify your employer about the discrimination. You can do this in person, but it's best to follow up in writing so there's a record of the complaint.
• Describe the Incident: Be clear and specific about what happened, including dates, times, and any witnesses.

Contact Human Resources (HR)

• If your employer doesn’t address the issue or if you’re uncomfortable reporting it directly to them, contact HR.
• HR should have a procedure for investigating discrimination complaints and taking appropriate action.

File a Complaint with the Equal Employment Opportunity Commission (EEOC)

• If internal reporting doesn’t resolve the issue, you can file a complaint with the EEOC.
• The EEOC enforces federal laws against discrimination in the workplace, including LGBTQ discrimination under Title VII of the Civil Rights Act.

Seek Legal Advice

• If necessary, consult with an attorney who specializes in workplace discrimination. They can guide you through the process of filing a lawsuit if needed.

The Importance of Documenting Discrimination

Documenting incidents of discrimination is crucial if you decide to take legal action. Here’s why it matters:

• Creates a Record: Having a written record helps you keep track of the frequency and details of each discriminatory incident.
• Provides Evidence: Emails, text messages, or recorded conversations can serve as evidence if you need to file a claim with the EEOC or in court.
• Protects Your Rights: Documenting each event shows that you’ve been proactive in addressing the issue and can help build your case.

LGBTQ Rights Under State Law in West Virginia

While Title VII offers federal protection against LGBTQ discrimination, West Virginia may have additional protections or gaps:

• State-Level Protection: West Virginia law doesn’t explicitly protect employees based on sexual orientation or gender identity, but Title VII ensures federal protection.
• Local Ordinances: Some cities or counties may have local ordinances that offer additional protections for LGBTQ employees.
• Legal Support: Knowing your rights under both federal and state laws can help you take appropriate action if you face discrimination. It’s important to consult with an attorney familiar with local laws to ensure you’re fully protected.

By understanding your rights and following the proper steps to report and document discrimination, you can take control of the situation and seek justice.

Your Rights: Protection Against LGBTQ Discrimination

Your right to work without facing discrimination is protected. With the United States Supreme Court Opinion in Bostock v. Clayton County, Georgia in October 2019, folks who have been discriminated against based upon their sexual orientation or gender identity found recourse under Title VII of the Civil Rights Act of 1964.  

Under Title VII of the Civil Rights Act, employees and job applicants are protected from discrimination based on their race, color, religion, sex, and national origin. Bostock v. Clayton County, Georgia set the precedent that Title VII of the Civil Rights Act extends to protect employees from discrimination based on their gender identity and sexual orientation. This protection covers you during every step of the employment process, including recruitment, selection, termination, and other employment decisions. 

Frequently Asked Questions (FAQs)

• What should I do if I experience discrimination but fear retaliation?
  If you're worried about retaliation, it’s important to know that retaliation is illegal under federal law. You have the right to report discrimination without fear of being punished or fired. Document everything and consider filing a formal complaint with HR or the EEOC. Consulting with a lawyer can also provide extra protection.
• How long do I have to file a discrimination claim?
  In most cases, you have 180 days from the date of the discriminatory act to file a complaint with the EEOC. This deadline can be extended to 300 days if your state or local government also enforces discrimination laws.
• Can I file a discrimination claim anonymously?
  While the EEOC allows you to file complaints without revealing your identity, it’s often beneficial to provide your information to allow for a more thorough investigation and potential legal action. Anonymity may limit your ability to resolve the issue directly.
• Does my employer need to have an official LGBTQ policy?
  No, employers are not required to have an official LGBTQ policy. However, they must follow the law and prevent workplace discrimination. If you believe discrimination is happening, you have the right to report it and demand action.
• What happens after I file a claim with the EEOC?
  After you file a complaint, the EEOC will investigate the issue. This can involve gathering information from both you and your employer. The EEOC may mediate the issue or take legal action on your behalf if they find discrimination occurred. If they don’t find a violation, they will issue a “Right to Sue” letter, allowing you to take further legal action.
• Can I file a lawsuit if my claim with the EEOC is denied?
  Yes, if the EEOC dismisses your claim, you can still file a lawsuit in federal or state court. It’s recommended to consult with an attorney to determine the best next steps for your situation.
• Can I still file a discrimination claim if I’m employed at a small company?
  Yes, you are still protected under Title VII of the Civil Rights Act, regardless of the size of your employer. However, certain states or local laws may offer additional protections depending on the size of the company. Consult with an attorney to understand your specific rights.

Contact Our West Virginia LGBTQ Discrimination Attorneys Today

We take seriously the opportunity to hold accountable any employer who permits LGBTQ discrimination in the workplace, and we understand how unemployment disproportionately affects members of the LGBTQ community. If you’ve faced discrimination at your workplace because of your sexual orientation or gender identity, our team will stand with you to fight workplace discrimination.