Sexual orientation discrimination in the workplace is, unfortunately, still common. New Hampshire law explicitly protects workers from discrimination based on their sexual orientation and federal courts have increasingly held that sexual orientation discrimination also violates federal law. Attorneys with the New Hampshire Employee Rights Group have fought employers who discriminate against lesbian, gay, and bisexual (LGB) workers. If you have been the victim of unlawful employment discrimination based on your sexual orientation, we can help you. (As discussed on this page of our website, the New Hampshire Employee Rights Group also represents transgender people who experience employment discrimination.)
What is Sexual Orientation Discrimination?Sexual orientation discrimination occurs when an employer treats an employee or applicant differently or less favorably on account of the person’s sexual orientation. For example, it is unlawful for an employer to terminate a LGB employee because of their sexual orientation. Refusing to hire or refusing to promote a LGB person because of their sexual orientation--or because they married someone of the same sex--are other examples of unlawful sexual orientation discrimination.
Harassment that creates a hostile work environment is another form of discrimination. Managers, co-workers, clients, or customers can create a hostile work environment through verbal, written, or physical conduct.
Some examples of behavior that may create a hostile work environment include:
Cowokers and supervisors may create a hostile work environmentin many different ways. If you are unsure as to whether you have encountered unlawful sexual orientation discrimination, contact an experienced employment lawyer.
U.S. and New Hampshire Laws Protect Workers From Sexual Orientation DiscriminationNew Hampshire's Law Against Discrimination explicitly prohibits discrimination based on sexual orientation. So, it is absolutely clear in New Hampshire that employers may not discriminate against workers based on their sexual orientation.
The U.S. Supreme Court held, in 2020, that the federal law that bans sex discrimination (Title VII of the Civil Rights Act of 1964) also prohibits sexual orientation discrimination. Bostock v. Clayton County is the landmark civil rights case in which the U.S. Supreme Court recognized that, as a matter of simple logic, it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that person because of sex.
Victims of Sexual Orientation Discrimination may Seek DamagesEmployers who discriminate against workers based on their sexual orientation may be liable for damages. These damages may include monetary compensation for lost pay, lost benefits, and emotional distress. In some cases, punitive damages may also be appropriate.
In order to file an employment discrimination lawsuit alleging a violation of New Hampshire's Law Against Discrimination or the federal Civil Rights Act, a worker must first complete certain procedural requirements. Ask an experienced employment lawyer for assistance with filing a sexual orientation discrimination claim.
Trust Your Case to Experienced AttorneysIf you have experienced sexual orientation discrimination and you want to fight back, the New Hampshire Employee Rights Group may be able to assist you. The employment discrimination lawyers of the New Hampshire Employee Rights Group have a deep understanding of the state and federal laws that protect working people. We represent workers throughout the state, from Portsmouth to Pittsburg and all places in between. Call 833.365.2929 or fill out our online contact form to schedule your consultation.