Sexual Orientation and Gender Identity Discrimination
Do you believe your employer terminated you or treated you unfairly on account of your sexual orientation or gender identity?
Call today for a free consultation -- the Law Office of Jeffrey J. Kmoch may be able to help.
LGBTQ workers are entitled to equal employment opportunities. Bigotry must be eradicated from the workplace.
While Title VII of the federal Civil Rights Act does not explicitly list “sexual orientation” as a protected characteristic, the United States Seventh Circuit Court of Appeals – which hears appeals arising out of federal district courts sitting in Illinois – has ruled that workplace discrimination on the basis of sexual orientation is a form of discrimination on the basis of “sex” and, therefore, prohibited by the Act. Going further, the Illinois Human Rights Act (IHRA) explicitly prohibits discrimination and harassment on the basis of both sexual orientation and gender-related identity.
Accordingly, in Illinois, employers cannot use an individual’s sexual orientation or gender identity as grounds for adverse employment actions such as termination, harassment, creating a hostile work environment, failure to hire, failure to promote, segregation away from customers because of actual or feared customer preference, or compensation discrimination.
The applicable statutes also prohibit retaliation against an individual for opposing discriminatory employment practices or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the statutes.
Attorney Jeffrey Kmoch has extensive experience litigating and counseling on matters involving sexual orientation and gender identity discrimination. If you believe you have been terminated or mistreated by your employer on the basis of your sexual orientation or gender identity, call today for a free consultation.
Statutes of limitations and deadlines to file administrative agency charges apply to employment discrimination claims, so time may be of the essence.