Discrimination against Sexual Orientation

Every employee is protected by the state against any form of harassment or discrimination. One particular aspect of discrimination frowned upon by the state is discrimination against a worker because of his or her sexual orientation.

It is perceived that fairness in the workplace goes hand in hand with good job performance. By eliminating discrimination, the state seeks to help everyone have an equal opportunity to work and to develop their skills while motivating them to retain their employment.

In order to achieve this goal of protecting employees to promote performance, laws are passed by the government making it unlawful on the grounds of sexual orientation to:

• discriminate directly against anyone by treating them less favorably as compared to others because of their sexual orientation
• discriminate indirectly against anyone by means of applying criterion or practices which creates a disadvantage to persons of particular sexual orientation
• subject someone to harassment by means of unwanted conduct that violates an employee’s dignity or creates a hostile, degrading, humiliating, offensive or intimidating work environment against those of particular sexual orientation
• retaliate or victimize an employee who intends or has filed a complaint or discrimination on account of sexual orientation
• discriminate against someone, in certain circumstances, after the working relationship has ceased

You will know if you have been directly discriminated against because of your sexual orientation when due to such sexual orientation the employer:

• decides not to hire you
• dismisses you
• refuses to provide you with adequate training which is regularly provided to other employees of same rank or position
• denies you promotion you are very much entitled to
• gives you adverse or more stringent terms and conditions as opposed to others of same rank
• denies you access to benefits available to individuals with a different sexual orientation

Some sexual harassment may not be direct. Other employers use more subtle ways in discriminating against persons with a different sexual orientation. If your employer employs criterion, policies, benefits, employment rules or other practices which although applies to all employees nevertheless have the effect of causing disadvantage to employees of a particular sexual orientation, indirect sexual harassment or discrimination is being perpetrated by the employer or company.

If you are that person, who has been discriminated against due to your sexual orientation, then you may be entitled to damages against your employer. You need to hire the services of a good sexual harassment lawyer to champion your case. They are expert litigation lawyers who are knowledgeable in pursuing sexual harassment claims.

Whatever your sexual orientation may be, everybody has the right to have equal employment opportunity.