Sexual Orientation Discrimination and Harassment: Knowing Your Workplace Rights
Did you know Wisconsin was the first state in the country to prohibit discrimination and harassment based on sexual orientation in the workplace? Wisconsin adopted these protections in 1982, nine years before any other state would follow suit. Despite being active for over 40 years, this law is still widely misunderstood, making cases difficult to litigate. Keep reading to learn what qualifies as workplace harassment and discrimination, and to find out what is needed to successfully receive justice in a case.
Protections Under the Wisconsin Fair Employment Act
Employees in Wisconsin are protected from unlawful discrimination, harassment, and retaliation thanks to the Wisconsin Fair Employment Act (WFEA). Under this act, employers and agencies are prohibited from discriminating, harassing, firing, or refusing to fire people based certain protected classes. Protected classes include age, disability, gender, race, and sexual orientation.
If the Equal Rights Division (ERD) determines unlawful discrimination, harassment, or retaliation happened, the individual is entitled to lost wages, attorney fees, and out of pocket costs like insurance if benefits were lost. People can also get their old jobs back. WFEA does not cover monetary punishments against the employer or pain and suffering damages.
What Constitutes Sexual Orientation Discrimination in the Workplace
Employment discrimination takes many forms and can happen to employees and job applicants. Both federal and state law protects individuals from discrimination in employment practices such as job postings, recruiting, hiring, job evaluations, termination, compensation, demotion, and disciplinary action based on individual’s status, or perceived status.
Discriminatory actions are not always obvious. Often, claims are based on a pattern of conduct and/or the surrounding circumstances of an employment action, such as a termination. Regardless of the context of a complaint, the burden of proof is on the employee or applicant. Employers can then try to prove their decision was not based in discrimination but was a legitimate business decision. These cases can be very complex so when in doubt, contact a discrimination lawyer.
What Constitutes Sexual Orientation Harassment in the Workplace
Workplace harassment can be committed by anyone. It doesn’t matter if it’s someone from another department, a coworker, a boss, or even a customer. Sexual orientation harassment occurs when offensive comments are made by someone in the workplace about another employee’s actual or perceived sexual orientation. This can become unlawful when it creates a hostile work environment.
Under the law, harassment is more severe than teasing or isolated incidents. To prove someone is liable for workplace harassment, the individual must establish the following:
- They are a member of a protected class
- The conduct was unwelcome
- The conduct was “severe or pervasive” enough to create a hostile work environment
- There is a basis for employer liability
If all these points aren’t be met, harassment cannot be established. Contacting a lawyer that specializes in workplace harassment will ensure you case is handled properly.
Cases involving discrimination and harassment can be an uphill battle, but having knowledgeable attorney by your side helps increase your chances to for a positive outcome. Reach out to Walcheske & Luzi for help with your case.