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Sexual Orientation 2017-11-01T19:09:44+00:00

HAVE YOU BEEN DISCRIMINATED AGAINST DUE TO YOUR SEXUAL ORIENTATION?

At Humble Law LLC, we are proud to represent the hard workers of Alabama and Tennessee. From corporate executives and professional employees to blue-collar employees, we represent the labor force with the dignity, respect, and honor that they deserve.

If you think you may have a claim against a former or current employer, or if you have been accused of discrimination against a former or current employee, Humble Law is the proven choice in legal representation in Alabama and Tennessee. Let us show you why we have been chosen by countless clients within our community and how we have successfully represented them in the past.

HAVE YOUR RIGHTS AS AN EMPLOYEE BEEN VIOLATED?

You probably spend the majority of your day in the workplace. At no point should you expect to feel unsafe, uncomfortable, threatened, or prejudiced against while at work. Unfortunately, instances such as these occur more often than you think.

In representing employers and employees, there are common complaints that are generally received across the board. We can handle any type of discrimination matter effectively, helping protect our clients’ rights from start to finish.

If you have been the victim of discrimination, or any form of harassment within the workplace, it is important to consult a legal professional immediately.

Frequently Asked Questions:

Sexual Orientation Discrimination

Sexual orientation discrimination means treating someone differently solely because of his or her real or perceived sexual orientation: lesbian, gay (homosexual), bisexual, asexual, pansexual, or straight (heterosexual). This means that discrimination may occur because of others’ perception of someone’s orientation, whether that perception is correct or not. It may also occur based on an individual’s association with someone of a different sexual orientation. Someone who is discriminated against on the basis of sexual orientation may also be discriminated against or harassed on the basis of sex, gender identity, disability (such as actual or perceived HIV status) or marital status.

While 22 states and the District of Columbia make it illegal to discriminate on the basis of sexual orientation, only nineteen states and D.C. define ‘sexual orientation’ to either include ‘having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness, or specifically make it illegal to discriminate on the basis of gender identity. In other states, where courts have analyzed the state’s sexual orientation anti-discrimination law, courts have been divided: some narrowly interpreting the laws to exclude gender identity, while others interpret the law to provide some protection with respect to gender identity.

In light of the Supreme Court’s recent decision in Obergefell v. Hodges, same-sex couples are guaranteed by the Constitution, the freedom to marry in every state and territory, being afforded the same benefits and protections heterosexuals have always had in marriage. Outside of the newly clarified right to marry, there is currently no federal law prohibiting other types of sexual orientation discrimination. Sexual orientation is not protected by federal law the way race, color, sex, religion, national origin, age, and disability are for private employers. Around two dozen states still don’t have anti-discrimination laws protecting individuals from being discriminated against on the basis of their sexual orientation.

Sexual harassment is a form of sex discrimination that is prohibited by federal law and the laws of most states, regardless of whether the state also has a law against discrimination on the basis of sexual orientation. However, many courts have focused on the differences between the two legal concepts to prevent gay and lesbian employees who have been harassed from having the same legal protections available to non-gay employees who have been subjected to similar comments. These courts have ruled that comments focused on the victim’s sexual orientation represent discrimination on that basis, not covered under federal law, instead of sexual harassment, a form of sex discrimination that is covered under federal law. Other courts have ruled that these types of sexual comments, as they relate to gender stereotypes, are a form of illegal sex discrimination under federal law.

Contact a Humble Law Attorney today to discuss your claim!

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