Signs of LGBTQIA Discrimination in the Workplace

Discrimination in the workplace surrounding members of the LGBTQIA community still occurs in our society.

Most notably, the Supreme Court just recently ruled that members of the LGBTQIA community are a protected class under Title VII of the Civil Rights of 1964, which means that until 2020, it was legal to discriminate against them in areas of employment.

As most Black women and WOC already know, this doesn’t mean that discrimination in the workplace against protected classes no longer occurs.

It means that aggressors have become more careful about how they present their discrimination and find better ways to hide it.

Therefore, recognizing the signs of LGBTQIA discrimination in the workplace is critical in protecting and upholding these Civil Rights.

What Is LGBTQIA Discrimination?

LGBTQIA discrimination in the workplace is discrimination in the hiring process or promotion process, unnecessary punitive action, and verbal or physical harassment based on one’s sexual orientation or gender identity.

This is illegal and is not tolerated under federal law.

However, the employers that engage in this form of discrimination use the misperception loophole or bona fide occupational qualifications.

The misperception law states that if an employer discriminates against an employee because they thought they were part of a protected class when they weren’t, it isn’t against the law due to “no harm, no foul.”

In addition, bona fide occupational qualifications mean that an employer can refuse to hire a person because they cannot perform a necessary job task due to who they are and what they are or aren’t capable of.

It’s easy to see how an employer can abuse these loopholes.

What Does It Look Like?

So, what exactly does LGBTQIA discrimination in the workplace look like? It’s hard to pinpoint it because intersectionality bleeds into all aspects of this issue.

For example, discrimination may look hugely different toward a Black lesbian than a White gay man.

However, to paint a general picture, you may see employers or companies favoring heterosexual or cisgender people.

For example, this can look like heterosexual or cisgender people receiving promotions or getting hired at an uneven ratio to LGBTQIA employees.

Because you can’t assume someone’s sexuality or gender identity based on how they look, if you notice that there are no LGBTQIA members in the workplace, or none that are being promoted, hired, or praised, that is an indication of discrimination.

It is statistically improbable to never hire or promote a person of the LGBTQIA community by coincidence because over five percent (16,475,000 people) of the adult population in the United States identifies as part of the community.

What Can I Do?

If you feel you’ve been discriminated against due to your sexual orientation or gender identity, you must act as soon as possible.

Most legal sites will advise you to reach out to the person who is discriminating before reporting them and upon the first incident.

However, they’re not considering how dangerous that can be for LGBTQIA people, especially people of color. The best first step is to reach out to HR or read your employment contract and handbook to see what to do next.

If neither of these routes proves fruitful, hire a high-quality civil rights attorney ASAP and file a claim with the EEOC so they can begin their investigation.

Knowing the signs of LGBTQIA discrimination in the workplace goes beyond being important to the individual. It is important to the entire community and its cross-sections.