Sexual identity discrimination occurs when someone is treated unfairly, unequally, or differently because of their gender identity, gender expression, or sexual orientation. This type of discrimination can take many forms and can happen in a variety of settings, including workplaces, housing, public accommodations, and more. Discrimination based on sexual identity is harmful not only because it denies individuals the right to be treated with dignity and respect but also because it limits access to opportunities, security, and resources that are essential for a fulfilling life.

Forms of Discrimination

Sexual identity discrimination manifests in different ways, depending on the setting. Some of the most common forms of discrimination include:

• Employment Discrimination:
  One of the most pervasive forms of sexual identity discrimination occurs in the workplace. This can include being passed over for promotions, being denied job opportunities, or even being wrongfully terminated due to one’s gender identity or sexual orientation. For example, an employee who is openly LGBTQ+ may find themselves unfairly excluded from career advancement or may face discriminatory hiring practices that prevent them from securing a job in the first place. This kind of discrimination can have serious consequences on a person’s career trajectory, financial stability, and emotional well-being.
• Harassment in the Workplace or Public Spaces:
  Harassment based on sexual identity can occur in the form of offensive comments, bullying, or intimidation directed at an individual because of their sexual orientation or gender identity. This harassment can create a hostile work environment, making it difficult or even unbearable for individuals to perform their jobs. Outside of the workplace, harassment can occur in public spaces, such as schools, restaurants, or other establishments, where individuals may face derogatory remarks or behavior that targets their sexual identity.
• Discrimination in Housing and Services:
  Sexual identity discrimination also occurs when individuals are denied housing or refused access to services because of their gender identity or sexual orientation. For example, a landlord might refuse to rent to someone who is transgender, or a service provider might deny services to an LGBTQ+ individual. This form of discrimination violates basic rights to access housing and essential services and can result in significant hardships, such as homelessness or being denied access to healthcare.

Legal Protections Against Sexual Identity Discrimination

Federal Protections

• Title VII of the Civil Rights Act of 1964
  • Title VII is a landmark federal law that prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. In a significant ruling, the U.S. Supreme Court expanded the definition of "sex" in Bostock v. Clayton County (2020) to include sexual orientation and gender identity. This means that under Title VII, it is illegal for employers to discriminate against workers or job applicants because of their sexual orientation or gender identity.
  • This ruling applies to a wide range of discriminatory actions in the workplace, including hiring, firing, promotions, pay, job assignments, and workplace conditions.
• Role of the Equal Employment Opportunity Commission (EEOC)
  • The EEOC is responsible for enforcing Title VII and other federal anti-discrimination laws. Individuals who believe they have been discriminated against based on their sexual identity can file a complaint with the EEOC, which will investigate the claim and potentially pursue legal action on behalf of the victim.
  • The EEOC can also help mediate and settle claims between employees and employers to resolve discrimination cases without going to court.

Michigan State Protections

• Elliott-Larsen Civil Rights Act
  • Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) is a comprehensive state law that protects individuals from discrimination in employment, housing, public accommodations, and educational facilities. It explicitly prohibits discrimination based on gender identity and sexual orientation, along with other protected characteristics such as race, sex, religion, and age.
  • Under the ELCRA, individuals are protected from discriminatory practices in hiring, firing, wages, promotions, and job assignments, as well as in access to housing and services. This means that LGBTQ+ individuals cannot be denied housing, services, or employment opportunities due to their sexual identity.
• Filing Discrimination Claims in Michigan
  • In Michigan, individuals who face sexual identity discrimination have several avenues to seek justice:
    • Victims of discrimination can file a complaint with the Michigan Department of Civil Rights (MDCR). The MDCR investigates claims of discrimination in employment, housing, and public accommodations under state law.
    • If the MDCR finds evidence of discrimination, they may attempt to mediate the situation or refer the case for legal action. Individuals may also file a lawsuit directly in state court under the ELCRA, seeking compensation for damages and requesting an injunction to prevent further discriminatory practices.

Steps to Take If You Experience Sexual Identity Discrimination

Document the Discrimination

One of the most important steps when facing discrimination is to document the incidents in detail. Proper documentation can serve as crucial evidence if you decide to take legal action later. Here are some tips on what to record:

• Dates and times: Keep a detailed log of each discriminatory event, noting when it occurred.
• Descriptions of incidents: Write down exactly what happened, including any discriminatory comments, exclusionary behavior, or unfair treatment.
• Witnesses: If anyone else was present during the incident, include their names. Having corroborating witnesses can strengthen your case.
• Communications: Save any relevant emails, text messages, or other forms of written communication that demonstrate or support the discrimination claims.
• Performance evaluations or feedback: In cases of employment discrimination, keeping records of positive job performance or sudden shifts in performance evaluations can help show patterns of discriminatory behavior.

Report the Discrimination

Once you’ve documented the incidents, the next step is to report the discrimination through your company’s internal procedures. Most employers have specific processes in place for handling discrimination complaints. Reporting the discrimination to the appropriate authority ensures that there is an official record of the issue and that your employer has an opportunity to address the problem.

• Human Resources (HR) Department: In most companies, HR handles discrimination complaints. File a formal complaint with HR, providing them with the documentation you’ve gathered.
• Supervisor or manager: If your company does not have a formal HR department, consider reporting the issue to your supervisor or a higher-level manager.
• Follow-up in writing: Always follow up your verbal complaint with a written one (such as an email) to ensure that there is a documented trail of your complaint.

Seek Legal Counsel

If reporting the discrimination internally does not resolve the issue, or if you face retaliation, it is critical to consult an attorney who specializes in sexual identity discrimination. A lawyer can help you understand your legal rights and determine the best course of action. Legal counsel can also:

• Evaluate the strength of your case and whether your rights have been violated under federal or Michigan state law.
• Help you navigate the legal process and ensure all necessary paperwork and claims are filed on time.
• Represent you in negotiations with your employer, in hearings, or in court, if necessary.

Filing a Complaint with the EEOC or Michigan Department of Civil Rights

If internal reporting does not resolve the issue, or if you wish to take additional legal action, you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR). Here’s how the process works:

• EEOC Complaint: If you believe you have experienced sexual identity discrimination in the workplace, you can file a claim with the EEOC, which enforces federal anti-discrimination laws, including Title VII of the Civil Rights Act. The EEOC will investigate the claim, mediate the dispute if possible, and potentially file a lawsuit on your behalf if a resolution cannot be reached.
  • Time limit: In most cases, you must file a complaint with the EEOC within 180 days of the incident. If a state or local law also applies, this time frame may extend to 300 days.
  • Documentation: Provide all documentation of the discrimination, including your records of the incidents and any communications with your employer regarding your internal complaint.
• Michigan Department of Civil Rights (MDCR) Complaint: Under Michigan’s Elliott-Larsen Civil Rights Act, you can file a complaint with the MDCR if you experience sexual identity discrimination in employment, housing, or public accommodations. The MDCR investigates discrimination claims and can pursue legal action or attempt to mediate a resolution between you and the offending party.
  • Time limit: In Michigan, you typically have 180 days from the date of the incident to file a claim with the MDCR.
  • Filing: Submit all relevant documentation to the MDCR, including the details of your experience, witness statements, and any communications that demonstrate the discrimination or harassment.

Legal Remedies for Sexual Identity Discrimination

Compensation for Economic Losses

Sexual identity discrimination can have significant financial impacts, particularly in the workplace. Victims may be denied promotions, terminated unfairly, or passed over for opportunities that would have increased their earnings. In such cases, victims can seek compensation for economic losses, including:

• Lost wages: Victims can claim back pay for lost wages if they were terminated, demoted, or denied raises due to their sexual identity. This includes wages from the time of the discrimination up until the time of settlement or judgment.
• Denied opportunities: Employees who were denied promotions or professional development opportunities can also seek compensation for the financial losses they would have incurred due to these discriminatory practices.
• Future earnings: If discrimination caused permanent damage to a person’s career or ability to advance, they may be eligible to seek compensation for the loss of future earnings as well.

Emotional Distress Damages

In addition to economic losses, victims of sexual identity discrimination often endure significant emotional distress, which can include anxiety, depression, and a loss of self-esteem. Legal remedies allow victims to pursue compensation for the emotional and psychological harm caused by the discrimination. These emotional distress damages can include:

• Pain and suffering: Victims can seek compensation for the emotional pain, humiliation, and stress caused by discriminatory acts, particularly if the discrimination resulted in a hostile or toxic work environment.
• Mental anguish: In cases where the discrimination led to severe emotional distress or required therapy or counseling, victims may be able to recover damages for the cost of mental health treatment as well.

Injunctions and Policy Changes

In some cases, the court may issue injunctions or order the offending party to make policy changes to prevent further discrimination. This is particularly important in workplace settings where discriminatory behavior is widespread or systemic. Remedies in this category may include:

• Policy changes: Courts may require companies to revise their anti-discrimination policies, implement new procedures for handling complaints, or mandate diversity and inclusion training to ensure a safer and more inclusive work environment.
• Monitoring: The court may also order periodic monitoring of the employer to ensure compliance with anti-discrimination laws and prevent future violations.
• Reinstatement: In cases where an employee was wrongfully terminated due to sexual identity discrimination, the court may order the employer to reinstate the employee to their original position with full benefits.

Protection Against Retaliation

Employees who report sexual identity discrimination or participate in an investigation are protected from retaliation under both federal and state laws. Retaliation occurs when an employer takes adverse actions—such as demotion, termination, or unfair treatment—against an employee because they filed a complaint or cooperated with an investigation into discriminatory practices.

• Retaliation claims: If an employee faces retaliation for reporting sexual identity discrimination, they may be entitled to file a separate claim for retaliation in addition to their discrimination claim. Successful retaliation claims can result in additional compensation for lost wages, emotional distress, and punitive damages aimed at deterring future retaliatory behavior.
• Legal options: Victims of retaliation can seek the same remedies as those for discrimination claims, including reinstatement, compensation for lost wages, and emotional distress damages.

Contact Marko Law Today

Understanding the legal protections against sexual identity discrimination is essential for ensuring that your rights are respected, both in the workplace and beyond. Whether the discrimination is overt or subtle, taking swift action can help protect your financial and emotional well-being. From documenting incidents to consulting an attorney, each step plays a critical role in holding accountable those who perpetuate discriminatory practices.

If you or someone you know has been affected by sexual identity discrimination, it’s vital to seek legal assistance to explore all available remedies. With the right support, victims can pursue justice and fair compensation for the harm they’ve suffered.

Call 1-833-MARKO-LAW or 1-313-777-7LAW to schedule your consultation.
Visit us at our main office: 220 W. Congress, 4th Floor, Detroit, MI 48226.
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