How to Handle a Complaint of Sexual Orientation Discrimination

Author: William Denham, Shortt & Nguyen, PC

Discrimination based on sexual orientation and gender identity is discrimination based on sex under federal law. The Supreme Court ruled in 2020 that an employer that terminates an employee merely for being gay or transgender violates Title VII of the Civil Rights Act. Employers with 15 or more employees are covered by Title VII. Smaller employers may be covered by an applicable state or local equal employment opportunity (EEO) law that prohibits sexual orientation discrimination. Whether prohibited by law or company policy, an employer should take the following steps to address a complaint of sexual orientation discrimination.