As an LGBTQ+ employee, it’s crucial to understand your rights in the workplace. Knowing these rights enables you to assert them effectively, ensuring a safer and more inclusive work environment. This guide provides an overview of federal and state protections for LGBTQ+ employees and offers practical advice on asserting your rights.
Federal Protections for LGBTQ+ Employees
At the federal level, LGBTQ+ employees are protected under several vital laws:
Title VII of the Civil Rights Act of 1964
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- The Supreme Court’s landmark decision in Bostock v. Clayton County (2020) established that discrimination based on sexual orientation or gender identity is a form of sex discrimination prohibited by Title VII. This means that employers cannot fire, refuse to hire, or otherwise discriminate against employees based on their LGBTQ+ status.
The Equal Employment Opportunity Commission (EEOC)
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- The EEOC enforces federal laws against workplace discrimination. Following the Bostock decision, the EEOC has been actively working to ensure that LGBTQ+ employees are protected under Title VII. If you believe you have been discriminated against, you can file a complaint with the EEOC.
The Family and Medical Leave Act (FMLA)
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- The FMLA provides eligible employees up to 12 weeks of unpaid leave for specific family and medical reasons, including care for a same-sex spouse or partner. This ensures that LGBTQ+ employees can take necessary leave without fear of losing their jobs.
Minnesota Protections for LGBTQ+ Employees
While federal protections provide a baseline, Minnesota has additional laws that offer further protection to LGBTQ+ employees.
Minnesota Human Rights Act (MHRA)
Minnesota is a state that provides robust protections for LGBTQ+ employees through the Minnesota Human Rights Act (MHRA). This comprehensive law prohibits discrimination based on sexual orientation and gender identity in several key areas, including employment, housing, public accommodations, and education. Here’s a detailed look at how the MHRA supports LGBTQ+ employees and practical steps to assert your rights under this law.
Key Protections Under the MHRA
Employment Protections
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- The MHRA explicitly prohibits employers from discriminating against employees or job applicants based on their sexual orientation or gender identity. This includes hiring, firing, promotions, compensation, and other terms and conditions of employment. Employers cannot legally refuse to hire or promote you, pay you less, or terminate your employment because of your LGBTQ+ status.
Scope of Coverage
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- The MHRA applies to most employers in Minnesota, including private companies, state and local governments, and employment agencies. This broad coverage ensures that a wide range of employees are protected under the law.
Retaliation Prohibition
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- The MHRA also protects employees from retaliation. If you file a complaint of discrimination or participate in an investigation or lawsuit, your employer cannot legally retaliate against you. This includes adverse actions like demotion, pay cuts, or creating a hostile work environment.
Public Accommodations and Education
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- Beyond employment, the MHRA ensures that LGBTQ+ individuals are protected in public accommodations and educational institutions. This means that businesses and schools must treat LGBTQ+ individuals fairly and without discrimination.
How to Assert Your Rights Under the MHRA
Know Your Workplace Policies
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- Familiarize yourself with your employer’s anti-discrimination and harassment policies. Understanding these policies can help you navigate the reporting process more effectively and know what protections you have within your workplace.
Document Everything
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- Keep detailed records of any incidents of discrimination or harassment. Note the date, time, location, individuals involved, and any witnesses. This documentation can be crucial if you decide to file a complaint.
Consult a Plaintiff’s Employment Lawyer
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- An experienced employment lawyer can provide invaluable assistance. They can help you understand your rights, evaluate the strength of your case, and represent you in legal proceedings. For those in Minnesota, Schaefer Halleen offers specialized services in LGBTQ+ employment discrimination cases. Learn more about our services and how we can help: Schaefer Halleen’s LGBTQ+ Employment Discrimination Page.
Report the Incident
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- After consulting with your attorney, follow your employer’s procedures for reporting discrimination or harassment. This often involves speaking with your HR department or a designated officer. If your employer does not have a formal procedure, report the issue to your direct supervisor or a higher authority.
File a Complaint with the Minnesota Department of Human Rights (MDHR)
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- If internal reporting does not resolve the issue, you can file a complaint with the MDHR with the support of your attorney. You must file your complaint within one year of the discriminatory act. The MDHR will investigate your complaint, and if they find evidence of discrimination, they may help mediate a settlement or take legal action on your behalf. Learn more and file a complaint here: Minnesota Department of Human Rights.
Utilize LGBTQ+ Advocacy Groups
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- Organizations like OutFront Minnesota offer additional support, resources, and advocacy services. They can help you understand your rights, file complaints, and connect with legal and community resources. Learn more about their services here: OutFront Minnesota.
Final Considerations
Knowing your rights as an LGBTQ+ employee is essential to protecting yourself from discrimination and harassment. Federal laws like Title VII and state-specific protections through the Minnesota Human Rights Act (MHRA) provide a strong foundation, but taking practical steps to assert these rights is crucial. Documenting incidents, reporting them appropriately, seeking support, and consulting a lawyer will help you navigate these challenges and ensure a safer, more inclusive workplace.
If you need further assistance or legal advice, please get in touch with us. Your rights matter, and the team at Schaefer Halleen is ready to support you.
For more detailed information and support, visit our blog on LGBTQ+ discrimination: Schaefer Halleen’s LGBTQ+ Discrimination Blog.
