Sexual Orientation Is No Reason For Discrimination

Your sexual orientation — or how you identify with regard to gender — isn’t really your employer’s business. If you do a good job and stay within the parameters of your work policies, then your employer can’t take action against you simply because he or she doesn’t agree with your gender or sexual orientation choices. In fact, doing so is a type of discrimination and can be unlawful.

It’s important to understand the difference between simply not liking your choices and taking specific action solely because of your choices. Your employer doesn’t have to like or agree with your choices. He or she has a right to voice an opinion about those choices in general and participate in political or other campaigns that are in line with his or her beliefs.

What an employer cannot do is discriminate against you as an employee simply because of your gender or sexual orientation. That means he or she can’t fire you without good cause related to your activities as an employee — and not to your gender or orientation. Termination isn’t the only form of discrimination, though. Your employer can’t refuse to hire you or promote you only because of your orientation. Companies can’t compensate you less when compared to other workers who have the same qualifications and tenure as you just because you are gay or identify as another gender.

It’s critical to note that employers don’t have to treat all employees equally. If you have less credentials than someone else, they might get a job you don’t; someone who has been with the company five years longer than you might make more money. These are decisions that don’t have to do with sexual orientation or gender. If you feel your employer is making decisions solely based on your orientation, though, then our firm might be able to help. We work with clients to battle hostile work environments and seek compensation and reparation when employers have committed discrimination.