How to Prevent Sexual Orientation Discrimination in the Workplace
Title VII deals with a variety of workplace protections. Here’s what you need to know about preventing sexual orientation discrimination in workplaces.
Applicants, current employees, and former employees are all protected until Title VII. Agencies must commit themselves to regularly promoting non-discriminatory workplace behavior in order to ensure the prevention of sexual orientation discrimination.
What is Title VII?
Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. The Bostock v. Clayton County case took place in the Supreme Court of the United States on June 15, 2020. The ruling expanded Title VII to prohibit employment discrimination towards an individual based on sexual orientation or transgender status. Those protected under Title VII include applicants, currently-working employees (temporary, part-time, and full-time), and former employees. Title VII does not cover employers that have less than fifteen total employees working. Further, Title VII protects employees in all fifty states, the District of Columbia, and other United States territories, regardless of what their citizenship status or immigration status is.
What does Title VII prohibit?
Title VII deals with many different types of protections. One of the protections under Title VII includes employers being prohibited from discriminating against others on the basis of their gender identity or sexual orientation. Discrimination can take place in many respects, including:
- Hiring employees
- Firing or furloughing employees
- Reducing the number of employees in force
- Promoting and demoting employees
- Training employees
- Disciplining employees
- Unfairly assigning or disseminating tasks to employees
- Employee fringe benefits
- Forms of employee compensation (including pay and overtime)
- Related circumstances and terms related to employment
Related: Types of Workplace Discrimination in California
Other forms of discrimination can involve continuous or severe harassment. It is illegal for employers to engage in or condone employee harassment due to gender orientation or sexual orientation. Employers must make sure that any incidents of harassment reported by employees, even if the complaint is about a client, are investigated and will not occur again.
What can agencies do to prevent sexual orientation discrimination in the workplace?
In order to prevent sexual orientation discrimination in the workplace, agencies (including federal managers and officials) must commit themselves to promote work environments that do not discriminate on the basis of sexual orientation or gender identity, in line with federal law. Thus, agencies can encourage employees to report any discriminatory behavior to supervisors and the agency’s Equal Employment Opportunity office. Additionally, agencies should regularly notify employees about what may be constituted as discriminatory behavior, as a form of raising awareness about the matter. If a related issue is brought to the attention of the agency, the managers should immediately consult the human resources department or the agency’s legal department to confirm necessary actions are or will be taken. In some cases, actions can be disciplinary towards those that engaged in discriminatory behavior.
Related: Workplace Sexual Orientation Discrimination in California
How can workplace discrimination be reported?
Title VII protects employees regardless of their citizenship or immigration status. The Equal Employment Opportunity office (EEOC) is in charge of investigating any complaints made about employment discrimination, harassment, or retaliation. Furthermore, the EEOC will take necessary actions to stop such behavior and, in some cases, will seek free remedies for the employee discriminated against. Complaints can be filed in person at the closest EEOC office or can be filed by mail. Depending on the case, employees should contact the EEOC office within 45 days of the discriminatory incident in order to pursue a Title VII claim.
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If you or a loved one has any more questions about preventing sexual orientation discrimination in workplaces, contact us. Get your free consultation with one of our California Employment Discrimination Attorneys today!