If you’re like many people, you’re pretty sure you’d recognize discrimination when you saw it – but what does LGBT discrimination look like in the hiring process? Here’s what you need to know.
What Does LGBT Discrimination Look Like in the Hiring Process?
LGBT discrimination is unlawful, but that doesn’t mean that some employers don’t do it. Unfortunately, it’s more common than you may think.
Employers are not allowed to discriminate against a person because of that individual’s sexual orientation, gender identity or gender expression – or the employers perception of any of those things.
LGBT discrimination in the hiring process may look like one of the examples below, or it may look different – but if you suspect that you’ve been discriminated against, you should contact us as soon as possible by calling 818-230-8380 or filling out the form at the bottom of this page. We’ll evaluate your situation and let you know whether you may have a claim against the employer.
Example #1 of LGBT Discrimination in the Hiring Process
You fill out an application and apply for a job. The hiring manager asks, “Are you married?” (That, in itself, is a question that an employer should not ask you, and you should contact an attorney if that happens to you.)
You say, “Yes, my husband and I have been married for three years.”
The hiring manager says, “Husband?” and appears to be surprised that you, a man, are married to another man. He then quickly wraps up your interview and says, “We’ll call you after we make a hiring decision.” If you don’t get the job, this may be a sign that the employer has discriminated against you because you are gay. (However, you may not have gotten the job for another reason – and if that’s the case, you may not be able to sue the employer for LGBT discrimination in the hiring process.)
Example #2 of LGBT Discrimination in the Hiring Process
You submit your resume for a job and are called for an interview. The interviewer says, “You appear to choose very masculine clothing. Are you a lesbian? This is a customer service position – could you tone that down a bit if you were hired, and maybe wear more feminine clothing? ”
Whether or not you do wear “masculine” clothing (whatever that means), and whether or not you are a lesbian, the interviewer is wrong for saying these things. This could, in some situations, be an instance of LGBT discrimination in the hiring process. You should absolutely contact an attorney if something like this happens to you.
Example #3 of LGBT Discrimination in the Hiring Process
You are on a job search website and see a job description that says “Although we respect people’s differences, we cannot hire transsexuals for this job.” That’s a pretty blatant example of LGBT discrimination – in most cases. (Unless the employer has a bona fide reason for not being able to hire transsexuals for a job, that is discrimination.)
Example #4 of LGBT Discrimination in the Hiring Process
You are at an interview and the hiring manager says, “I think with your personality and lifestyle, you’d be better-suited to a job that doesn’t require you to deal with our customers. Would you be open to taking a job in the warehouse instead?”
If the employer is referring to your sexuality, that could be a case of LGBT discrimination in the hiring process.
What if You Suspect LGBT Discrimination?
Not all instances of LGBT discrimination in the hiring process are this obvious. In fact, it can be pretty hard to determine whether an employer discriminated against you because of your sexual orientation, gender identity or gender expression. However, if you have that “gut feeling” that you were discriminated against, call us at 818-230-8380 or fill out the form at the bottom of this page to schedule a free consultation. We’ll ask you some questions about what you experienced and, if you were discriminated against, we can develop a strategy that gets you the best possible outcome.