What You Can Do if You Were Fired for Being Gay
An employer who fires their employee based upon their sexual or gender orientation violates federal law. Here’s everything you need to know about what you can do if you were fired for being gay.
Employees who are fired or wrongfully terminated for their sexual or gender orientation may take legal action against their former employers.
Legal History of Wrongful Termination for LGBTQ+ Employees
In 2020, the US Supreme Court ruled to protect LGBTQ+ employees from discrimination. The ruling reinforced the 1964 Civil Rights Act banning discrimination in the workplace. The court found it impossible for an employer to discriminate against an LGBTQ+ employee based on their gender or sexual orientation without discriminating based on sex. An employee can take legal steps if they feel they were wrongfully terminated.
What to do if you were wrongfully terminated for being gay?
You should collect all the relevant information and evidence. Keep a written record of any discriminatory behavior or harassment. Gather a list of witnesses whose testimony might be valuable to your case. Obtain and read any employer policies, union contracts, or local laws applicable to your situation. If possible, obtain a copy of your personnel file and any performance evaluation. Document and report any discriminatory behavior. Documentation of events and proof of conduct will help a potential investigation.
Next, talk to your employer to determine the cause of termination and who made the decision. Ensure you preserve all conversation records with your employer.
If you decide to take legal action, find an experienced attorney who can help you file your wrongful termination complaint. One should file wrongful termination lawsuits due to the Equal Employment Opportunity Commission (EEOC) or the equivalent in your state. The EEOC will determine your complaint’s validity and whether you can take further action against your employer.
Related: Can I Sue My Employer for Not Paying Me Correctly?
What happens if the EEOC finds your complaint to be valid?
If the EEOC finds your complaint valid, the case may settle outside or in court.
You and your employer might prefer to settle the case outside of court through mediation or arbitration. Mediation allows both parties to compromise with a third-party mediator. Arbitration is a simpler trial form with fewer complex procedures and discovery rules. Mediation might be the best option for many as it avoids a court trial’s complexity.
Others may find going to court the best option. First, both parties will complete the discovery process to accumulate all the necessary information before trial. Next, parties will undergo written discovery, document production, and depositions. Both parties will present their evidence at the trial, and the judge or jury will make the final decision.
What happens if you win the lawsuit?
Each case’s specifics will determine the lawsuit’s outcome. The suing party will likely receive some form of damages. Damages can manifest as lost wages, lost benefits, medical expenses, the cost of a job search, emotional damages, attorneys fees, or punitive damages.
Related: Can I Sue My Employer for Firing Me Under False Accusations?
FAQs about Being Fired for being Gay
Who is an at-will employee?
All fifty states recognize at-will employment, allowing employers to fire an employee for any reason as long as it is not discriminatory. To make a valid complaint, the employee must prove they were fired based on discrimination or violation of a policy or contract.
Do I need a lawyer if my employer fired me for being gay?
While an employee filing a wrongful termination complaint may not need a lawyer, having one is strongly recommended. An experienced lawyer will understand the complexities of employment law and help the employee get a more favorable outcome.
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If you or a loved one would like to learn more about Fired for Being Gay, get your free consultation with one of our Employment Attorneys today!