Sexual Orientation Discrimination
Our Texas sexual orientation discrimination lawyers represent workers who believe they have been discriminated against because of their sexual orientation. If you believe you have been discriminated against because you are gay, lesbian, bisexual, or trans-gender, please contact us.
Currently, there is no federal law protecting sexual orientation discrimination in the workplace. However, Congress is considering a law called the Employment Non Discrimination Act. If this legislation becomes law, gays and lesbians will enjoy the same workplace protections as other protected groups.
Although there is no federal law protecting gay and lesbian employees in the workplace, many states, counties, and municipalities and have passed laws and ordinances outlawing discrimination based on sexual orientation or gender identity.
Even where there is no law, gay and lesbian employees may have rights based on promises made by their employer. For instance, union employees may be subject to a collective bargaining agreement in which the employer has promised not to discriminate on the basis of sexual orientation. An employee handbook may also contain promises not to discriminate on the basis of the sexual orientation or gender identity, however courts do not always enforce these promises.
Existing law prohibiting gender stereotypes may prohibit discrimination against gays, lesbians and transgenders who do not conform to stereotypes about men and women. For instance a lesbian who is fired because she is too "butch" or a gay man who is fired because he is a "sissy" ought to be protected under existing gender discrimination law. A gay man who is terminated because he has HIV or is suspected of having HIV ought to be protected by the Americans With Disabilities Act and existing disability law.
Gay and lesbian employees are protected from same sexual harassment. A gay or lesbian employee who is sexually harassed by a supervisor or co-worker of the same sex may have a claim of sexual harassment. Similarly a heterosexual employee who is harassed by a same sex coworker or supervisor could state a claim for sexual harassment.
Our firm has Texas employment attorneys in Dallas, Austin, and San Antonio. If you believe that you have been discriminated against in the workplace because of your sexual orientation, please contact our Texas sexual orientation discrimination lawyers today.