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Indiana workplace gender and sexual orientation discrimination

On Behalf of | Jun 29, 2024 | Discrimination

Employees shouldn’t have to worry about discrimination or harassment simply because of their gender or sexual orientation. Many employers provide that type of environment without any concern; however, there are instances in which an employee may have to take action against the employer to get the protections they’re due. 

Even in states like Indiana that don’t have comprehensive protections, these employees can count on federal law. A decision by the Supreme Court in Bostock v. Clayton County (2020) notes that Title VII of the Civil Rights Act of 1964 protects employees from sex discrimination, which includes gender identity and sexual orientation. 

When do federal protections apply?

Any employer who has at least 15 employees has to abide by the requirements of Title VII. Individuals in every part of the employment process from hiring through termination have these protections. 

Some of the actions that are prohibited in these cases include making crude remarks, using offensive nicknames or intentionally misusing a person’s chosen pronouns. Another important point is that employees must be permitted to use the bathroom that aligns with their gender identity. 

What happens when an employee transitions?

Employers can’t prevent employees from transitioning. If an employee transitions, the employer must maintain confidentiality because this is a medical situation. They must also follow the employee’s lead regarding their chosen name and pronouns. 

Legal action following any type of illegal harassment or discrimination is possible. Employees must ensure they know their rights and the steps necessary to uphold them. Doing this swiftly helps to ensure they can get the matter handled before time limits expire.