It is illegal for employers to make any employment decision based on sexual orientation or sexual identity. Making employment decisions about wages, promotions, discipline, suspensions, or terminations even partly on the basis of sexual orientation is prohibited by Title VII of the federal Civil Rights Act (as a form of gender discrimination) and state law in the Minnesota Human Rights Act.
It is also illegal for employers or fellow employees to make unwelcome comments or behaviors based on sexual orientation, in which case you may have a hostile work environment claim.
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LGBTQ Discrimination FAQs
+ How do I prove an employment sexual orientation discrimination claim?
In some cases, we may have direct evidence of the employer and manager using derogatory language about sexual orientation in the workplace that has led to an employment decision. However, this is not necessary to prove that an employment decision was made based on one’s identity as a gay, lesbian, bisexual, transgender or queer (LGBTQ) person. Employers will often fabricate a non-related reason for their decision about about wages, promotion, discipline, suspension, or termination that we will try to prove was factually wrong or was not applied equally to similarly-situated, non-LGBTQ employees.
+ Can my employer fire me if I claim sexual orientation discrimination?
No. If your employer terminates you for making a complaint of race discrimination, then you have a retaliation case in addition to your sexual orientation discrimination case.
+ How much is a workplace sexual orientation discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a workplace sexual orientation discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim sexual orientation discrimination even if I quit my job?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Workplace sexual orientation discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a sexual orientation discrimination case?
In Minnesota, you have one year from the date of the last act of sexual orientation discrimination to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the last act of sexual orientation discrimination to file a claim with the Equal Employment Opportunity Commission, if you want to bring federal claims under Title VII.
+ What should I do if my employer has discriminated against me because of my sexual orientation?
Write everything down: what happened to you; the dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.