Sexual Orientation and Gender Identity, SOGI Data | How it Impacts Your Discrimination Claim

This article covers: What does SOGI Stand for, Exactly? | Coverage for Employees | Coverage for Employers | How to File a Workplace Discrimination Claim | Timelines for Filing a Discrimination Charge | Find a Workplace Discrimination Lawyer to Help in Your Claim 

Sexual Orientation and Gender Identity, also known as SOGI, was introduced to the world in the Supreme Court case, Bostock v. Clayton County, Georgia. In the case, the court made it clear that companies cannot terminate employment due to transgender status or sexual orientation, as doing so violates the prohibition on sex discrimination in Title VII.

Discrimination Lawsuits

For example, if an employer fires a gay man, but does not also fire a heterosexual man, then they could be opening themselves up to a potential lawsuit. The gay employee would have to show that they were fired due to their sexual orientation, on the basis of Sex and Gender.

Pronoun usage is also relevant under the law. For example, a biological male who identifies as a woman and uses She/Her pronouns cannot be discriminated against in the workplace on the basis of their gender identity.

It’s important to understand the basis of SOGI as a protected class, and how it was integrated into the modern workforce. Employees should know their rights and be prepared to sue if they’ve been discriminated against. Though HR reports are part of the process, they are not the endgame. To resolve your issues and secure compensation, you’ll want to file a sex discrimination claim using a qualified attorney. 

What Does SOGI Stand For, Exactly? 

SOGI stands for Sexual Orientation and Gender Identity. The EEOC (Equal Employment Opportunity Commission) in 2013 started to allow employees who experience SOGI-based discrimination to file sex discrimination charges under Title VII of the Civil Rights Act. Since this type discrimination, especially against transgenders and the LGBTQ+ community, is based in gender stereotypes, the EEOC categorizes it as part of sex discrimination.  

According to data provided by the University of Massachusetts Amherst, approximately 20 states including the District of Columbia prohibit sexual orientation and discrimination by sex or gender. The SOGI at its core applies to everyone, and is a very inclusive term.

Coverage for Employees

Title VII protects all current and former employees as well as applicants or candidates to various positions within companies. All employment statuses are covered, including: full time, part time, temporary, contract, seasonal. SOGI discrimination also applies to heterosexual workers, meaning, an employer cannot discriminate against a person for being Straight or Cisgendered.

Coverage for Employers

Title VII applies only to companies that employ 15 or more employees. Smaller businesses are not covered. For example, a small ice cream shop with just five employees is legally entitled to terminate a gay employee (because of their sexual orientation. 

For companies with 15 or more employees, exceptions include tribal nations and some religious institutions that limit hiring to those who carry the same religious beliefs. Even in places where state or local laws do not have provisions, Title VII provides necessary protections in these instances. 

How to File a Workplace Discrimination Claim  

Typically, Workplace Discrimination Claims are filed with EEOC, or Equal Employment Opportunity Commission. There are several ways to file them, such as:

File a Discrimination Charge Through the EEOC Portal

Use the EEOC public portal to file a discrimination charge. After submitting your report, the EEOC will likely interview you to ask a few clarifying questions about your case.

Use the EEOC Portal to Schedule an In-Person Appointment Online

Schedule an appointment online through the same portal. This appointment will take you to the nearest field office for you to speak with an advocate in-person. Having the opportunity to address your concerns in person can help better assess your situation and quickly guide you to the next step. The EEOC has about 53 field offices, most of which should be in the closest major city to you.

Start the process by telephone by calling the EEOC’s 800-phone number

Start the process by phone. Calling the EEOC 800-number is also an option to discuss your situation and determine if your situation is covered by state and county laws.

File a discrimination charge with FEPAs, or Fair Employment Practices Agencies

In addition, the EEOC has agencies that they call Fair Employment Practices Agencies (FEPAs) and have work-sharing agreements to prevent cross-duplication in the reporting process. If you file at a state or local level, you can tell them you want to file as well with the EEOC.  

Contact the Local EEOC Office and File by Mail

Another option for you is to file by mail. Typically, you will produce a letter that includes all of the pertinent details as well as the discriminatory action that was taken against you and mail it to the local EEOC office provided through their portal.

Timelines for Filing a Discrimination Charge 

There are different timelines for filing a discrimination charge with the EEOC depending on where the incident took place. The time limits for filing are between 180 and 300 calendar days. This limit depends on whether there is both a state and local law prohibiting employment discrimination or whether it is just a local law that makes the prohibition. It’s important to read detailed information about the filing process, talk to a lawyer for specific guidance if necessary, and pay attention to various time limits for filing.   

Find a Workplace Discrimination Lawyer to Help in Your Claim 

If you find that you’re the victim of discrimination in the workplace, you’ll want to find a skilled lawyer who can handle your case. Contact 1-800-THE-LAW2 today for a free and confidential consultation. We’ll get you connected to a workplace discrimination lawyer in 10 minutes or less.

Gender Discrimination in the Workplace: Definition & Laws

To the working public, the gender discrimination definition is different compared to that of the courts. After all, discriminatory acts are easy to recognize in the workplace, right? 

Not necessarily. 

Gender Discrimination Laws

Regardless of occupation, we all want to be judged based on the quality of our work. It feels unjust and wrong to have aspects that we can’t control, determine our value. Fortunately, federal and state anti-discrimination laws penalize employers for this type of conduct. 

To be classified as gender discrimination, an incident must meet specific requirements. But first, let’s explore basic definitions surrounding discrimination at work.

What is the Definition of Gender Discrimination? 

On the surface, it can be tough to define. Under the law, however, it has a broader definition. 

Discrimination is the inequitable and damaging treatment of an individual based on race, sexual orientation, age, nationality and gender. 

Federal Laws That Prohibit Discrimination In The Workplace 

In the past few decades, Congress has passed laws that make discrimination in the workplace illegal. 

These gender discrimination laws include: 

  • The Civil Rights Act. This act prohibits employers from discriminating against applicants and employees on the basis of race, sex, color, ethnic origin, and disabilities. 
  • Title VII of the Civil Rights Act. Also known as the Gender Discrimination Act, Title VII prevents employers from discriminating against applicants and workers on the basis of gender identity and sexual orientation

What Conduct Counts as Discrimination? 

Discrimination in the workplace is not always easy to detect. For it to be considered discriminatory, it must qualify as an adverse action against an employee on the basis of their protected status. 

Workplace Discrimination Examples

Gender harassment, inequality, and workplace discrimination examples include, but are not limited to: 

  • Refusing to hire an applicant based on gender 
  • Denying employees of a specific race compensation or benefits 
  • Paying employees who are equally qualified different salaries 
  • Denying promotions to employees of a specific gender 
  • Laying off employees within a similar age group 

These actions likely qualify as discrimination and also contribute to a hostile work environment

Understanding Gender Discrimination in the Workplace 

First, let’s clear something important. Gender discrimination is often confused with sexual orientation or gender identity, but they are not the same. 

Sexual orientation establishes a person’s attraction to other sexes. It takes various forms, such as: straight, gay, lesbian, and bisexual.

A person’s gender identity is their evaluation of their own gender. 

As they are distinct terms, gender discrimination is not interchangeable with sexual orientation and gender identity. Instead, it is an extension of gender inequality and gender bias. As a result, it is the act of treating genders differently.  

Gender Inequality and Bias Examples 

In the workplace, there are many common situations where employers engage in gender inequality and bias through treatment. They include:

  • Hiring women for only lower-level positions 
  • Offering lower-paying positions to women 
  • Being disciplined for an action that employees of a different gender do all the time, and never disciplined for 
  • Being referred to as a derogatory name based on your gender 

How to Prove Discrimination at Work

Gender discrimination stems from implicit and explicit bias. To succeed in a discrimination lawsuit, all you have to do is show that there was actual discrimination.

An example of workplace inequality is: an employer does not realize they discriminate against women. The employer consistently pays women workers less, and fewer women hold leadership positions. 

What Does Gender Parity Mean? 

Gender discrimination attorneys can identify if you are a victim of gender discrimination and oppression in the workplace by evaluating Gender Parity

Gender Parity is used to determine the ratio of women to men in the workplace and as a measurement for gender equality. 

For example, if the supervisory positions of a company are 95 percent men and only 5 percent women, that could signify a discriminatory aspect in the company.  Unequal proportions are not enough to prove gender discrimination. Yet, they are valuable and supportive evidence for your case

To be considered illegal and discriminatory, gender inequality must violate the terms and conditions of employment.  These terms and conditions are written into your employment contract. 

Any adverse action that goes against the terms and conditions of your employment and concentrates around your gender is a discriminatory act. 

Exercising Your Rights 

As an employee, you have the right to challenge gender discrimination in the workplace. Under the law, you can and should notify appropriate government authorities of it. 

However, do not do ANYTHING until you speak to a knowledgeable gender discrimination attorney. Though you are entitled to report discriminatory acts to your HR department, your company may use your report as Advance Notice of a potential lawsuit. Next, they will do everything they can to protect the company. Some examples are: coaching employees on how to develop their narrative and destroying evidence. 

Do NOT give them the chance to react. 

If you believe there have been incidents at your workplace that meet the criteria for gender discrimination, contact an experienced gender discrimination attorney who can guide you on your next steps. 

Find a Gender Discrimination Attorney Today 

Working with a gender discrimination attorney can help you get justice and substantial compensation under the law.  We recognize that this can be a complicated and confusing time.  It’s worthwhile calling a skilled attorney for advice on how to proceed. 

Call 1-800-THE-LAW2 for a free and confidential consultation today.  We’ll direct you to local lawyers with expertise representing victims of gender discrimination.