⚖ Sexual Orientation Discrimination | Free Consultation

Is Sexual Orientation Discrimination Prohibited by Title VII?

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. While the law does not explicitly mention sexual orientation, it has been interpreted to protect employees from discrimination based on their sexual orientation.

In the landmark case of Bostock v. Clayton County [PDF], the United States Supreme Court held that Title VII’s prohibition on sex discrimination extends to discrimination based on sexual orientation and gender identity. The Court reasoned that discrimination based on sexual orientation or gender identity necessarily involves sex discrimination, because an employer cannot discriminate against an employee for being gay or transgender without taking into account their sex.

As a result of this decision, it is now clear that employers are prohibited from discriminating against employees on the basis of their sexual orientation.

What is Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an employer treats an employee or applicant differently because of their sexual orientation. This can take many forms, such as:

1. Refusing to hire someone because they are gay, lesbian, bisexual, or transgender (LGBT)
2. Terminating someone’s employment because of their sexual orientation
3. Paying an employee less because of their sexual orientation
4. Denying an employee a promotion because of their sexual orientation
5. Harassing an employee because of their sexual orientation
6. Denying an employee benefits because of their sexual orientation
7. Retaliating against an employee for complaining about sexual orientation discrimination

Remedies Available for Victims of Sexual Orientation Discrimination

If you have been the victim of sexual orientation discrimination, you may be entitled to the following remedies under Title VII:

1. Compensatory Damages: These are monetary damages that are intended to compensate you for the harm that you have suffered as a result of the discrimination. Compensatory damages can include things like lost wages, emotional distress, and other out-of-pocket expenses.
2. Punitive Damages: These are monetary damages that are intended to punish the employer for engaging in discriminatory conduct. Punitive damages are typically awarded in cases where the employer’s conduct was particularly egregious or intentional.
3. Reinstatement or Front Pay: If you were terminated or constructively discharged as a result of the discrimination, you may be entitled to be reinstated to your former position or to receive front pay, which is a form of compensation for the wages and benefits you would have received if you had not been terminated.
4. Attorney’s Fees and Costs: If you prevail in your lawsuit, you may be entitled to recover your attorney’s fees and costs. This can help to offset the costs of pursuing your claim.
5. Injunctive Relief: In some cases, a court may order the employer to take certain actions to prevent future discrimination from occurring. This can include things like providing anti-discrimination training to employees, revising employment policies and procedures, and monitoring the employer’s compliance with the law.

Sexual Orientation Discrimination Prohibited by the IHRA

The IHRA prohibits discrimination on the basis of sexual orientation in the following areas:

1. Employment: Employers are prohibited from discriminating against employees on the basis of sexual orientation in hiring, firing, promotions, pay, or any other aspect of employment.
2. Housing: Landlords are prohibited from discriminating against tenants on the basis of sexual orientation in leasing or selling housing.
3. Public accommodations: Businesses and organizations that are open to the public are prohibited from discriminating against customers or clients on the basis of sexual orientation.

The IHRA defines sexual orientation as “actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth.” This means that the IHRA protects individuals who are gay, lesbian, bisexual, transgender, or gender non-conforming from discrimination in the workplace, housing, and public accommodations.

Sexual Orientation Harassment Prohibited by the IHRA

The IHRA also prohibits sexual orientation harassment in the workplace, housing, and public accommodations. Sexual orientation harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment. Harassment can take many forms, including:

1. Verbal harassment, such as sexual comments or jokes;
2. Physical harassment, such as unwanted touching or groping;
3. Visual harassment, such as displaying sexually explicit materials in the workplace;
4. Retaliation for reporting sexual orientation discrimination or harassment;
5. Creating a hostile work environment based on sexual orientation.

Employers, landlords, and businesses have a responsibility to provide a safe and harassment-free environment for employees, tenants, and customers. If they fail to do so, they may be held liable for sexual orientation harassment under the IHRA.

Examples of Sexual Orientation Discrimination and Harassment

Here are some examples of sexual orientation discrimination and harassment in the workplace, housing, and public accommodations:

1. An employer refuses to hire a qualified candidate because they are gay.
2. A landlord refuses to rent an apartment to a transgender tenant.
3. A restaurant refuses to serve a lesbian couple because of their sexual orientation.
4. An employer pays a gay employee less than their heterosexual counterparts for performing the same job.
5. An employer denies a promotion to a bisexual employee because of their sexual orientation.
6. An employer harasses a transgender employee by making derogatory comments about their gender identity.
7. A landlord refuses to make necessary repairs to a gay tenant’s apartment because of their sexual orientation.
8. A hotel employee makes unwanted sexual advances towards a gay guest.
9. A business owner fires a lesbian employee for complaining about sexual orientation harassment in the workplace.

Sexual Orientation Discrimination Remedies

Here are some of the remedies available to victims of sexual orientation discrimination under the IHRA:

1. Reinstatement: If you have been wrongfully terminated or demoted because of your sexual orientation, you may be entitled to reinstatement to your former position or promotion to the position you would have held if not for the discrimination.
2. Back pay: Victims of sexual orientation discrimination may be entitled to back pay for the wages they would have earned if not for the discrimination.
3. Front pay: If reinstatement is not feasible, front pay may be awarded to compensate victims for lost wages they would have earned in the future if they had not been discriminated against.
4. Compensatory damages: Victims of sexual orientation discrimination may be entitled to compensatory damages to cover the emotional distress, mental anguish, and other non-economic harm caused by the discrimination.
5. Punitive damages: In some cases, victims of sexual orientation discrimination may be entitled to punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
6. Attorney’s fees and costs: If you prevail in a sexual orientation discrimination case, you may be entitled to recover your attorney’s fees and costs.

Sexual Orientation Harassment Remedies

Here are some of the remedies available to victims of sexual orientation harassment under the IHRA:

1. Cease and desist order: If you have been subjected to sexual orientation harassment, the Illinois Department of Human Rights (IDHR) may issue a cease and desist order requiring the harasser to stop the harassment.
2. Compensatory damages: Victims of sexual orientation harassment may be entitled to compensatory damages to cover the emotional distress, mental anguish, and other non-economic harm caused by the harassment.
3. Punitive damages: In some cases, victims of sexual orientation harassment may be entitled to punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
4. Attorney’s fees and costs: If you prevail in a sexual orientation harassment case, you may be entitled to recover your attorney’s fees and costs.

Reasons to Hire an Attorney for Sexual Orientation Discrimination Cases

Here are some of the key reasons why victims of sexual orientation discrimination should consider hiring an attorney:

1. An attorney can help you understand your rights: Employment discrimination laws can be complex and difficult to navigate on your own. An experienced attorney can help you understand your rights under Title VII and guide you through the legal process.
2. An attorney can help you gather evidence: To build a strong case, you will need to gather evidence of the discrimination you have experienced. An attorney can help you identify and collect this evidence, which may include witness statements, employment records, and other documents.
3. An attorney can help you negotiate a settlement: In some cases, it may be possible to negotiate a settlement with your employer rather than pursuing a lawsuit. An attorney can help you determine whether a settlement is a viable option and negotiate on your behalf to secure the best possible outcome.
4. An attorney can represent you in court: If your case goes to trial, you will need an experienced attorney to represent you in court. Your attorney can argue on your behalf, present evidence, and cross-examine witnesses to help you win your case.
5. An attorney can protect you from retaliation: Unfortunately, some employers may retaliate against employees who file discrimination claims. An attorney can help protect you from retaliation and ensure that your rights are protected throughout the legal process.