While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination.
Here are 5 tips to stop this heinous discrimination and create equality in our society for all.
- Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
- Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
- Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
- It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.
- Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored.
