What to Do if You Face Sexual Orientation Discrimination at Work

 Posted on March 27, 2025 in Sexual Harassment & LGBTQ Rights

If you identify as LGBTQ+ and have experienced or are experiencing discrimination based on your sexual orientation or gender identity at work, you may feel stressed and concerned that the discrimination could affect your finances and career. You are also not alone: Fifty-three percent of LGBTQ+ individuals have reported facing discrimination based on their orientation. Thirty-six percent have made decisions about their work based on experiences of sexual orientation and gender identity discrimination.

If this is your situation, the first step to protecting yourself from sexual orientation discrimination at work is obtaining as much information about your legal rights and protections as possible, and then formulating a plan to address this issue. To do so, it is highly advisable to speak to a Bethesda, MD employment law attorney experienced in representing LGBTQ+ individuals in workplace discrimination matters.

Can An Employer Discriminate Against You Based on Sexual Orientation or Gender Identity?

Title VII of the 1964 Civil Rights Act prohibits discrimination based on sex. The Supreme Court in 2020 ruled that this also prohibits employment discrimination based on sexual orientation and gender identity, with some religious exceptions. Additionally, Maryland law makes it illegal to discriminate in the workplace based on sexual orientation or gender identity when considering hiring, firing, promotion, salary and benefits.

What Are Examples of Employment Discrimination Based on Sexual Orientation or Gender Identity?

All of the following constitute illegal employment discrimination in Maryland:

• Giving a poor performance review based on a person’s sexual orientation

• Making negative comments about a person in the workplace because of their sexual orientation or gender identity.

• Firing someone because they have disclosed they are transgender.

• Publishing an ad for a job that discriminates based on sexual orientation or gender identity.  

What Should You Do If You Face Sexual Orientation Discrimination at Work?

If you are the victim of sexual orientation or gender identity discrimination at work, first make sure to document everything. This means everything from saving correspondence to keeping a log of the discrimination. Second, you can file a complaint with the U.S. Employment Equal Opportunity Commission (EEOC). You can also file a claim with Maryland Equal Employment Opportunity (EEO) and the Maryland Commission for Civil Rights (MCCR). Finally, contact an employment attorney to understand your rights and options, which could include filing a lawsuit against your employer for the discrimination.

Call a Bethesda, MD Sexual Orientation Discrimination Attorney

Every employee deserves to work in a safe workplace free of discrimination based on sexual orientation or gender identity. If you are facing sexual orientation discrimination at work, the experienced Silver Spring, MD employment law attorney at Freedman Law, LLC can advise you on your rights. Call our offices at 410-290-6232 for a consultation.