Key Takeaways

  • Sexual orientation discrimination includes harassment, denial of benefits, wrongful termination, and biased treatment based on someone’s sexuality.
  • Federal law does not explicitly prohibit sexual orientation discrimination in private employment, but the EEOC interprets it as sex discrimination under Title VII.
  • Arizona law and Phoenix city ordinances provide additional protections for LGBTQ+ employees, offering avenues for filing local claims.
  • Employers must implement clear anti-discrimination policies, training, and complaint mechanisms to comply with federal, state, and city requirements.
  • Victims may seek remedies such as reinstatement, back pay, compensatory damages, or injunctive relief through the EEOC, Arizona Civil Rights Division, or civil litigation.
  • A Phoenix sexual orientation discrimination attorney can help navigate complex claims and protect employees from retaliation.

Sexual Orientation Discrimination

Sexual orientation discrimination is a type of workplace discrimination where a person faces derogatory treatment, negative employment action, harassment, or a denial of benefits based on his or her sexuality. This includes people who identify as homosexual, asexual, bisexual, pansexual, and even heterosexual. While this type of discrimination has been observed in the workplace for decades, it wasn't until recently that social awareness brought attention to this discrimination throughout the country.

Because of how much it can affect a person's job, working environment, and health, it's important for employees to know what constitutes sexual orientation discrimination and how it ties into other types of discrimination. However, social media and the news have been rapidly increasing information flow and improving the situation for afflicted individuals.

Arizona and Phoenix Laws Protecting LGBTQ+ Employees

While federal protections are evolving, Arizona and the City of Phoenix have taken steps to shield workers from sexual orientation discrimination. The Arizona Civil Rights Act prohibits workplace discrimination on the basis of sex, and this has been interpreted to include sexual orientation and gender identity under federal case law. In addition, Phoenix enacted a local ordinance banning discrimination based on sexual orientation, gender identity, and gender expression in employment, housing, and public accommodations.

This means that workers in Phoenix have multiple levels of protection—federal, state, and municipal—and may pursue complaints through the Equal Employment Opportunity Commission (EEOC), the Arizona Civil Rights Division, or the City of Phoenix Equal Opportunity Department.

What Are Some Examples of Sexual Orientation Discrimination?

To truly understand what sexual orientation discrimination is, it's important to discuss some examples. A few examples of the most common types of sexual orientation discrimination include:

  • Harassment
  • Different treatment

Harassment is a repeated offense where the aggressor repeatedly makes certain comments or actions such as:

  • Sexual jokes
  • Unwanted advances or pressure for dates
  • Unwelcome touching, staring, grabbing, gestures, and other physical conduct
  • Sexual assault
  • Drawings or cartoons putting down a specific sexual orientation

Differential treatment is when an individual doesn't receive the same type of workplace benefits or a workplace environment as other workers in the company. Some examples of this may include:

  • Wrongful termination
  • A write-up with no factual basis
  • Demotion
  • Not getting a promotion
  • Not being hired for a position

Supervisors, employers, co-workers, and third parties such as customers, vendors, or clients all have the potential to commit either harassment or discrimination. Certain companies even have a workplace culture that discriminates against non-heterosexual employees in explicit or subtle terms. Although there's no policy in place, that doesn't mean it isn't against the law.

Employer Responsibilities and Workplace Policies

Employers in Phoenix and throughout Arizona are required to foster inclusive work environments. This includes:

  • Anti-discrimination policies that explicitly protect against sexual orientation and gender identity bias.
  • Training programs for managers and staff to prevent harassment and promote awareness.
  • Complaint procedures that allow employees to report misconduct confidentially without fear of retaliation.
  • Fair hiring and promotion practices that ensure applicants and employees are evaluated on merit, not personal characteristics.

Failure to adopt these practices can expose employers to liability under both federal and local laws.

Sexual Orientation Discrimination Under Federal Law

In 2015, the landmark case of Obergefell v. Hodges allowed LGBT couples the right to marry and to receive the same benefits and protections given to heterosexual couples through marriage. Despite this ruling, LGBT couples don't get the same treatment in the workplace, unless they're a federal employee.

Employees that work for the federal government have protection from sexual orientation discrimination. However, there is no current federal law that prohibits this type of discrimination in private sector businesses. Only sex, race, ethnicity, age, religion, and disability have protection.

Fortunately for these individuals, private companies and legislators are working together to find a way to offer protection for different sexual orientations in the workplace. Most recently, the Employment Non-Discrimination Act of 2009 and the Equality Act of 2010 have been at a point of debate in Congress. This comprehensive non-discrimination act provides protections for LGBT persons at their jobs, as well as protection regarding:

  • Housing
  • Education
  • Federal funding
  • Credit
  • Access to public places

While the Equality Act has not been signed into law yet, President Obama passed an Executive Order that added sexual orientation protection for federal works, including third parties the government does not directly employ.

As of 2017, 22 states and the District of Columbia have laws that prohibit sexual orientation discrimination. Twenty of these laws apply it to both the public and private sector. At any given time, hundreds of cities and counties have the same laws. However, many can change over time depending on appeals and other types of judicial action. Due to this, it's always important to check local laws to see if workers are covered for sexual orientation discrimination.

Remedies for Victims of Discrimination

Victims of sexual orientation discrimination in Phoenix may be entitled to several remedies, depending on the forum where they file their claim. Potential outcomes include:

  • Reinstatement to a job if wrongfully terminated.
  • Back pay and lost benefits to compensate for financial harm.
  • Compensatory damages for emotional distress, humiliation, or reputational harm.
  • Punitive damages in cases of egregious or intentional misconduct.
  • Injunctive relief such as court-ordered changes to company policies or practices.

These remedies are designed not only to make the employee whole but also to hold employers accountable and prevent future discrimination.

Sexual Orientation Discrimination and the EEOC

The Equal Employment Opportunity Commission, or EEOC, is the federal body that enforces federal anti-discrimination laws. It protects those that have faced harassment or other types of discrimination based on race, ethnicity, age, and more. However, because there's technically no sexual orientation protection, the EEOC has gone about protecting these individuals in another way.

To fight sexual orientation discrimination, the EEOC has found that it falls under "sex discrimination" because it states that it forces non-heterosexual individuals to conform to stereotypical gender roles. Currently, the EEOC accepts claims based on sexual orientation discrimination, and in 2016, they prosecuted their first cases for LGBT.

When to Contact a Phoenix Sexual Orientation Discrimination Attorney

Navigating a workplace discrimination claim can be complex, especially when multiple jurisdictions overlap. A Phoenix sexual orientation discrimination attorney can:

  • Evaluate whether your case should be filed with the EEOC, the Arizona Civil Rights Division, or Phoenix city authorities.
  • Protect you from retaliation for filing a complaint.
  • Negotiate settlements with employers or pursue litigation when necessary.
  • Help you secure the maximum compensation and corrective measures available under the law.

Because strict filing deadlines apply—often as short as 180 days—it is critical to seek legal guidance as soon as possible. If you believe your rights have been violated, consulting with an experienced attorney in Phoenix ensures your claim is handled properly from the start.

Frequently Asked Questions

  1. Does federal law protect employees from sexual orientation discrimination?
    Yes. While not originally explicit, Title VII has been interpreted by the EEOC and courts to prohibit discrimination based on sexual orientation as a form of sex discrimination.
  2. Are there local protections in Phoenix for LGBTQ+ workers?
    Yes. Phoenix city ordinances ban discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
  3. How long do I have to file a discrimination complaint in Arizona?
    Generally, you must file with the EEOC or Arizona Civil Rights Division within 180 days of the discriminatory act, though deadlines can vary.
  4. What evidence is helpful in proving sexual orientation discrimination?
    Emails, witness testimony, performance reviews, and documentation of differential treatment or harassment are key pieces of evidence.
  5. What should I do if I face retaliation for filing a claim?
    Retaliation is illegal. An attorney can help you pursue additional claims and seek compensation if you are punished for asserting your rights.

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