Minnesota Human Rights Act (MHRA), it is unlawful for an employer to treat lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees differently or take adverse actions against them because of their sexual orientation, perceived sexual orientation, or gender identity.
This statute is broad and inclusive. Not only does the law protect how employees actually identify themselves, but it also protects employees who are perceived to be LGBTQ. Thus, a person who is terminated from employment, subjected to harassment or a hostile work environment, or suffers some other form of adverse action because the employer “thinks” the person is gay, lesbian, transgender, or bisexual, is protected.
Further, the law prohibits discrimination or hostile treatment on the basis of the employee’s gender identity or gender expression—meaning a “self-image or identity not traditionally associated with one’s biological maleness or femaleness.” If you have questions about this law, contact our Minneapolis sexual orientation discrimination attorneys.
First, it is illegal for an employer to take adverse action against an employee, even in part, because the employee is or is perceived as LGBTQ. Adverse actions our sexual orientation discrimination attorneys in Minneapolis have seen include:
Second, employees are protected from work environments that are hostile based on sexual orientation and gender identity. Hostile environment discrimination or harassment based on sexual orientation is perhaps the most common form of sexual orientation discrimination in workplaces.
This can include repeated insults, disparaging comments, threats, or bullying based on actual or perceived orientation. Single incidents of name-calling or comments negatively reflecting LGBTQ people will not likely raise to the level of actionable claims of hostile work environment under the law, but they are certainly incidents that, when known to managers, supervisors, or human resource personnel, ought to be addressed and stopped by employers. To rise to the level of illegal harassment, the harassment must be repeated and pervasive.
The Minneapolis sexual orientation discrimination lawyers at Wanta Thome have successfully litigated and resolved many cases for LGBTQ clients with great results. If you believe you have suffered discrimination, harassment, or retaliation because of your sexual orientation, perceived sexual orientation, or gender identity, we want to hear from you. Contact us for a free initial consultation.
Contact us for a complimentary consultation with an attorney from our experienced employment law team.
Stay informed, stay empowered, and remember, understanding your rights is the first step toward ensuring they are respected.
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