How Sexual Orientation and Gender Identity Affects Your Discrimination Claim, According to SOGI Data
Bostock v. Clayton County, Georgia, a case heard by the Supreme Court, introduced the world to sexual orientation and gender identity, or SOGI. The court ruled that employers cannot fire employees on their transgender identity or sexual orientation since doing so would be against Title VII’s ban on sexism.
Lawsuits Against Discrimination
For instance, if a company terminates a gay guy but leaves a heterosexual man alone, they may be setting themselves up to legal action. The LGBT employee would have to provide evidence that their termination was motivated by their sexual orientation rather than by sex or gender.
The use of pronouns is important in legal contexts. For instance, it is illegal to discriminate against a biological male who uses the pronouns She/Her and identifies as a woman in the workplace.
Understanding the origins of SOGI as a protected class and how it was incorporated into the contemporary workforce is crucial. If they believe they have been the victim of discrimination, employees should be aware of their legal options. HR reports are a step in the process, but they are not the goal. You should use a competent attorney to submit a sex discrimination claim in order to fix your problems and obtain compensation.
What Exactly Does SOGI Stand For?
Sexual Orientation and Gender Identity is referred to as SOGI. Employees who encounter SOGI-based discrimination can now submit claims for sex discrimination under Title VII of the Civil Rights Act, according to the Equal Employment Opportunity Commission (EEOC), which began doing so in 2013. The EEOC classifies this kind of discrimination as sex discrimination since it is based on gender stereotypes and targets vulnerable groups like transgender people and the LGBTQ+ community.
Data from the University of Massachusetts Amherst show that the District of Columbia and about 20 other states forbid discrimination based on sexual orientation or gender. The SOGI is an extremely inclusive phrase that, at its heart, applies to everyone.
Employee Protection
Title VII provides protection to all current and past workers as well as those who are applying for positions within organisations. All employment types—including full-time, part-time, temporary, contract, and seasonal employment—are included. Employers are prohibited from discriminating against employees on the basis of their sexual orientation or gender identity (SOGI), which also applies to heterosexual employees.
Employer Coverage
Only businesses with 15 or more employees are covered by Title VII. Smaller companies are not protected. For instance, it is permissible for a small ice cream store with only five employees to fire a gay employee due to their sexual orientation.
Tribal nations and some religious institutions that only hire people who share their religious convictions are exceptions for businesses with 15 or more employees. Title VII offers the essential safeguards in these situations even where state or municipal laws are absent.
How to Make a Claim for Workplace Discrimination
Usually, claims of workplace discrimination are submitted to the Equal Employment Opportunity Commission (EEOC). There are various methods for filing them, including:
- Utilize the EEOC public portal to report a case of discrimination.
- By using the EEOC public site, you can electronically schedule a face-to-face meeting.
- Call the EEOC 800-number to begin the procedure over the phone.
- Inform the Fair Employment Practices Agencies (FEPAs) of your discrimination claim.
- To file by mail, get in touch with the regional EEOC office.
Charge someone with discrimination via way of the EEOC Portal
For the purpose of reporting discrimination, use the EEOC public portal. The EEOC will probably interview you to get more information about your case after you file your report.
Online In-Person Appointment Scheduling for the EEOC
Using the same gateway, make an online appointment. Your advocate will meet with you in person at the field office that is closest to you when you make this appointment. It can be easier to evaluate your position and go on to the next step if you have the chance to discuss your issues in person. The majority of the EEOC’s 53 field offices should be in the largest city nearest to you.
Call the EEOC’s 800-number to begin the procedure over the phone.
Call to initiate the procedure. You can also discuss your issue and find out if it is covered by state and local legislation by calling the EEOC’s 800-number.
Contact the FEPAs, or Fair Employment Practices Agencies, to report a case of discrimination.
In order to avoid cross-duplication in the reporting process, the EEOC also has organisations that they refer to as Fair Employment Practices Agencies (FEPAs). You might mention to them that you wish to file with the EEOC as well if you file at the state or municipal level.
Contact the local EEOC office and submit a paper application.
You also have the choice to file by mail. Usually, you’ll draught a letter outlining all the relevant information and the discriminatory action that was taken against you, then mail it to the local EEOC office listed on their webpage.
Timelines for Filing a Charge of Discrimination
Depending on where the incident occurred, there are several time frames for submitting a charge of discrimination to the EEOC. The filing deadlines range from 180 to 300 calendar days. Whether there is a local legislation that forbids employment discrimination only, or if there is a state statute that forbids it as well, determines the upper limit. It’s crucial to read thorough explanations of the filing procedure, consult a lawyer for tailored advice if necessary, and be aware of numerous filing deadlines.
Find a Lawyer to Assist You with Your Claim for Workplace Discrimination
If you discover that you are a victim of workplace discrimination, you should look for a competent attorney who can take on your case. Call 11112222 right away for a free, private consultation. In no more than 10 minutes, we’ll put you in touch with a workplace discrimination attorney.