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Additionally, a few states prohibit sexual orientation discrimination in only public workplaces, such as for state employees: Delaware, Indiana, Michigan, Montana, and Pennsylvania. Still, if you live in a state that is giving you no protection, you should check with the local city and county government of your employer. Some local governments have established rules against sexual orientation workplace discrimination in the form of city ordinances. For more information about which local governments protect against sexual orientation discrimination, contact a sexual orientation discrimintaion advocacy group, such as Lambda Legal Defense and Education . Company Policies Whether you live in a state that has laws against sexual orientation discrimination or not, your company may have policies that prohibit sexual orientation discrimination. By law, these policies can be more, but not less, stringent than the state or local laws standards. So, if you live in Indiana, a state that protects public workers from sexual orientation discrimination, but not workers in the private sector, and you work for a public company, your company may have policies that protect against sexual orientation discrimination. Often times, these policies include disciplinary steps imposed on managers who engage in sexual orientation discrimination. These steps can include reversing any discriminatory action taken against the employee, and even terminating the manager. Be sure to check your own companys policies, and report any discrimination to your companys human resources department. If human resources does not remedy the issue, you may want to consult an employment or discrimination lawyer. Gender Identity Discrimination In addition to protecting workers from sexual orientation discrimination, some state and local governments also prohibit gender identity workplace discrimination. These states, in addition to the District of Columbia, include California Illinois Minnesota Oregon Colorado Iowa New Jersey Rhode Island Hawaii Maine New Mexico Vermont
Sometimes, in states without gender identity discrimination statutes, cour ts have used other antidiscrimination statutes, like gender discrimination, to include gender identity. If you have been discriminated against based on your gender identity, you may want to consult an employment lawyer to consider your options. Other Applicable Laws If after exploring your states laws, local laws, and company policies, you still nd yourself without avail, the employers treatment may violate other employment rights, for which you could sue your employer or your coworkers. The following is a list of some employment law and labor law theories: Negligent or intentional iniction of emotional distress Harassment (behavior that causes emotional distress and serves no legitimate purpose) Sexual harassment (even repetitive requests for dates) Assault (threatening or acting as if the assaulter will touch you offensively) Battery (offensive touching) Invasion of Privacy Defamation (communication that causes shame, ridicule, a lowered reputation, or employment or earnings to suffer) Interference with an employment contract Wrongful termination
If after evaluating your circumstances, you decide that you fall under one of these categories, contact human resources or consult an employment attorney. If none of these options avail you, remember the other employment rights granted by federal employment laws. Consider if you are a victim of pregnancy discrimination (like Amy and Linda in our above example) or age, religion, disability, national origin, or racial discrimination. Sometimes, these types of employment rights violations overlap with sexual orientation discrimination. If your workplace has no protection against sexual orientation discrimination, and the treatment you suffer overlaps into one of the protected categories, you may have a claim and should consider consulting the human resources depar tment or an employment lawyer.
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