Workplace harassment that is based on sexual orientation or gender identity can take many forms. Some instances are obvious, while others may seem subtle but still create a hostile work environment. Understanding what qualifies as harassment can help you recognize when your rights have been violated.
Federal law protects LGBTQ+ employees from discrimination and harassment under Title VII of the Civil Rights Act (and the Supreme Court confirmed this protection in its 2020 decision in Bostock v. Clayton County). But what does harassment actually look like in practice? The following hypothetical scenarios illustrate common situations that may cross the legal line.
Scenario 1: Persistent Misgendering and “Jokes”
Alex is a transgender employee who recently came out at work. Alex has asked coworkers to use the pronouns they/them. One manager persistently uses the wrong pronouns and refuses to stop – even after Alex and HR have addressed the issue. The manager also makes comments like “I just can’t keep up with all these new rules” in front of other team members.
This behavior could qualify as harassment. While a single slip-up might not constitute a legal violation, repeated and deliberate misgendering – especially after correction – can contribute to a hostile work environment. When a supervisor engages in this conduct, the situation becomes even more serious.
Scenario 2: Exclusion from Opportunities
Jordan is a gay employee who has consistently received strong performance reviews. When a leadership position opens up, Jordan’s manager passes them over in favor of a less-qualified colleague. Jordan later learns that the manager told others within the company that he was unsure whether Jordan would “fit in” with clients or represent the company well.
This scenario suggests discrimination based on sexual orientation. Employers cannot deny promotions, assignments, or professional opportunities to an employee based on their identity. Comments about “fit” or “image” are often masks for an unlawful bias.
Scenario 3: Retaliation After Reporting
Sam witnesses a coworker making homophobic remarks about another employee and reports the behavior to HR. Shortly after this occurs, Sam’s schedule changes with no explanation, and their supervisor begins excluding them from significant meetings. Sam also receives a negative performance review despite no prior issues.
Retaliation is illegal. Employers cannot punish workers for reporting discrimination or supporting a colleague’s complaint. Sudden negative changes following a report – such as schedule shifts, exclusion, or unfair discipline – can serve as evidence of retaliation.
What These Scenarios Have in Common
Each of these situations involves unwelcome conduct tied to sexual orientation or gender identity. It’s worth remembering that harassment does not always involve slurs or overt hostility. It can also include patterns of exclusion, denials of opportunities, or persistent mistreatment (however subtle).
To build a strong case, you should document these kinds of incidents carefully. This includes keeping records of:
- The Dates and Times of Each Incident – Write down what happened as soon as possible, while details are fresh.
- The Names of Those Involved – Include the person responsible and anyone who witnessed the behavior.
- Emails or Messages – Save any written communication that supports your account.
- Changes in Work Conditions – Note any shifts in assignments, reviews, or treatment after you reported the issue or disclosed your identity.
Keeping this information organized can help you and your attorney demonstrate a pattern of unlawful conduct.
Protecting Your Rights with Experienced Legal Counsel
If you believe you have experienced LGBTQ+ harassment or retaliation, you do not have to face it alone. The attorneys at Bernabei & Kabat, PLLC, have spent more than 30 years advocating for employees whose rights have been violated. Our law firm represents clients throughout Washington, D.C., and the Mid-Atlantic region, including Maryland, Virginia, Pennsylvania, and New York.
An experienced lawyer can help you understand your options, meet critical filing deadlines, and take action against unlawful treatment. Contact Bernabei & Kabat, PLLC, today to discuss your situation.