Your sexual orientation should not affect your employment, but for some Washington, D.C., employees, it can lead to issues with employers and future career opportunities. At Bernabei & Kabat, PLLC, we recognize how unfair it is to suffer from this type of employment discrimination, and we can help.
Our lawyers have decades of combined experience fighting for justice and the civil rights of various types of employees, garnering national attention and recognition of our success. Our knowledge of the law and experience in these cases allows us to take quick and effective action on your behalf. We are ready to confront illegal practices in the workplace and fight back against any type of sexual orientation discrimination or gender-based mistreatment.
Your sexual orientation should not affect your employment, but for some Washington, D.C., employees, it can lead to issues with employers and future career opportunities. At Bernabei & Kabat, PLLC, we recognize how unfair it is to suffer from this type of employment discrimination, and we can help.
Our lawyers have decades of combined experience fighting for justice and the civil rights of various types of employees, garnering national attention and recognition of our success. Our knowledge of the law and experience in these cases allows us to take quick and effective action on your behalf. We are ready to confront illegal practices in the workplace and fight back against any type of sexual orientation discrimination or gender-based mistreatment.
Bernabei & Kabat, PLLC represents employees in Washington, D.C. who experienced harassment, termination, denied promotions, unequal pay, retaliation, or other workplace discrimination because of their actual or perceived sexual orientation. If you experienced this treatment, a Washington, D.C. sexual orientation discrimination attorney can help you understand whether your employer’s conduct may support a legal claim.
Washington, D.C. has one of the nation’s most diverse workforces, with employees working across local and federal government agencies as well as at nonprofit organizations and in the private sector. In addition to federal protections, gay, lesbian, and bisexual workers in the District have important legal protections under local laws that bar workplace discrimination based on sexual orientation. The EEOC recognizes sexual orientation and gender identity discrimination as forms of unlawful sex discrimination under federal employment law.
Even so, unfair treatment still happens in D.C. workplaces. Some employees face biased hiring decisions, harassment, and other types of discrimination based on their actual or perceived sexual orientation. These problems can affect workers at every level and in every sector. The good news is that employees in Washington, D.C. have legal options and may be able to take action to protect their rights when they face sexual orientation discrimination at work.
Bernabei & Kabat represents employees in discrimination and retaliation claims involving harassment, wrongful termination, unequal treatment, and punishment for reporting workplace misconduct.
Sexual orientation discrimination can take many forms in Washington, DC, workplaces. While every case turns on its own unique set of facts, some patterns come up more often than others:
A sexual orientation discrimination claim in D.C. may involve local D.C. law, federal law, or both, depending on the employer, the worker, and where the discriminatory conduct occurred.
Employees in Washington, DC, may be able to file sexual orientation discrimination claims through the D.C. Office of Human Rights or the Equal Employment Opportunity Commission (EEOC). Where and how you file will depend on the facts of your case and how you choose to proceed. These claims are subject to strict filing deadlines – for private sector employees, usually 180 or 300 days for the EEOC and one year for the D.C. Office of Human Rights – and it’s important to act quickly. Missing a deadline can affect whether your claim can move forward, so it can be helpful to work with a knowledgeable employment discrimination attorney who’s familiar with the process and can help you file on time.
After you file a claim, the agency will review the allegations, notify your employer, and may begin an investigation. This process will likely include requests for documents, written responses, interviews, and other fact-gathering steps. Sometimes, sexual orientation discrimination cases move toward a resolution through mediation or administrative review. The employment law attorneys from the law firm of Bernabei & Kabat, PLLC, can help you understand the required steps based on where you’re filing.
Federal law protects employees from sexual orientation discrimination in every stage of employment, from hiring to promotions and beyond. This FAQ section explains how those protections work, what actions count as legal violations, and the steps workers can take if they experience discrimination.
Is sexual orientation discrimination illegal under federal law?
Yes. Federal law bans discrimination on the basis of sex, which includes sexual orientation discrimination, under Title VII of the Civil Rights Act. The Supreme Court’s 2020 decision in Bostock v. Clayton County confirmed that firing or mistreating someone for being gay, lesbian, or bisexual qualifies as sex discrimination under Title VII. This protection applies to hiring, firing, pay, promotions, and other workplace decisions. It covers private and public employers with fifteen or more employees in the US.
Can my employer fire me for being gay, lesbian, bisexual, or queer?
No. Federal law clearly prohibits employers from firing workers based on sexual orientation. An employer cannot terminate a worker for being in a same-sex relationship, expressing their identity, or associating with LGBTQ+ coworkers. Doing so is a violation of Title VII. While an employer might given another reason for the termination, evidence that this rationale is merely a pretext for bias can support a discrimination claim. This protection applies regardless of the employer’s beliefs or company culture. If a worker loses their job based on their sexual orientation, they can take legal action and seek compensation.
Can I be denied a promotion or raise because of my sexual orientation?
No. Denying an employee a promotion or raise based on their sexual orientation violates Title VII. Employers must make advancement decisions based on performance, experience, and qualifications, not personal bias. Discrimination can appear in subtle ways, such as being overlooked for leadership roles or excluded from important projects. If you suspect this kind of bias at work, you can report it internally or file a complaint with the Equal Employment Opportunity Commission (EEOC).
Can I file a claim if I was harassed but not fired based on my sexual orientation?
Yes. Harassment that involves targeting someone based on their sexual orientation is illegal, even if the person keeps their job. Offensive jokes, slurs, or repeated comments about sexual orientation can create a hostile work environment. The law protects employees from harassment by supervisors, coworkers, and even clients. If you experience this kind of treatment, you should document every incident, report them to management or human resources, and contact the EEOC if your employer fails to act.
How does sexual orientation discrimination differ from gender identity discrimination?
Sexual orientation discrimination targets people based on who they are attracted to, while gender identity discrimination targets people based on who they are. Sexual orientation involves relationships and attraction. Gender identity involves how someone identifies and expresses their gender, such as being transgender or nonbinary. Discriminating against a worker for their sexual orientation or their gender identity is a violation of Title VII. The difference lies in the reason for mistreatment, but both harm employees and can provide the basis for discrimination claims.
Are small businesses covered by sexual orientation discrimination laws?
Federal law applies to employers with fifteen or more employees. Businesses smaller than that may not fall under Title VII. However, many states and cities have their own anti-discrimination laws that cover smaller workplaces. These local rules often extend similar protections against discrimination based on sexual orientation. If you work at a small business, you should review your state and local laws with an employment lawyer to learn more about your rights.
Can coworkers be held responsible for harassment based on sexual orientation?
Yes. Coworkers can face consequences for harassing someone based on their sexual orientation. Employers have a duty to stop discriminatory behavior once they know about it. If a coworker spreads rumors, makes offensive jokes, or targets you based on your sexual orientation, your employer must address it. Failure to do so could make your employer liable as well. Coworkers who engage in discrimination can face discipline under company policies and, in some cases, can also be personally named in state or local discrimination complaints.
When you turn to the law firm of Bernabei & Kabat, PLLC, for support with your sexual orientation discrimination case, your attorney will take the lead on preparing your claim. Our process involves:
The lawyers at the law firm of Bernabei & Kabat, PLLC, have over 75 years of combined experience handling workplace discrimination cases and have supported numerous gay, lesbian, and bisexual workers in D.C. in their pursuit of justice and accountability. We’re here to help you pursue the best possible outcome to your case.
Sexual orientation discrimination in the workplace includes any type of negative treatment on the basis of a person’s sexual orientation or the orientation of a family member. The federal, state and local laws regarding this specific type of discrimination are complex, and while you may feel like there is nothing you can do, we can help.
If you feel like you were pushed out of your job, passed over for a promotion or experienced verbal harassment because of your sexual orientation or perceived orientation, we can help. Our attorneys can advise you on the most appropriate way to proceed, whether you want to report your employer discreetly to avoid retaliatory treatment or you believe it is necessary to take legal action.
Bernabei & Kabat is a Washington, D.C. employment law and civil rights firm with more than 75 years of combined legal experience representing workers in discrimination, retaliation, harassment, and related workplace claims. The firm’s office is located at 1400 16th St NW, Suite 500, Washington, DC 20036. Contact Bernabei & Kabat to discuss your workplace discrimination claim with a Washington, D.C. attorney.
You do not have to wait for a major event or single significant instance of sexual orientation discrimination to take action. Your job and ability to work are important, and we can take steps today to protect your interests. By calling 202.745.1942 or contacting us here, you can understand the legal options available to you as a victim. We also serve Virginia and Maryland, and we take cases from across the country.
