"When the company refused to acknowledge our complaint, rather than walk away, we fought back. We waged one of the first online campaigns for social justice, which we won, becoming the first, and possibly still the only, LGBTQ discrimination case settled for a monetary award in the state of Indiana," Davis said.However, the agreement they signed included what Davis calls a gag order that prevented them from discussing the case for years—ultimately, until the company went out of business."The other thing that happens is that so many people just don't want to talk about their experience. It's usually embarrassing to folks to admit they were discriminated against or harassed. Not only do you have to come out as LGBTQ in a public fashion, but you may also have to admit you were fired from your job. That's a tough hurdle for many people," Davis said.
There is no law prohibiting a person from having racist, sexist, homophobic, or otherwise bigoted opinions, and no law exists that requires an employee to believe that all people are equal or deserve equal rights.
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"For some reason, there are a lot of people who are totally onboard with nondiscrimination in housing, employment, and even public accommodations, like being served at restaurants and retail stores, but when the question of bathroom access is brought up, they are adamantly opposed to protecting a person's right to use the bathroom that best fits their gender identity," Davis said.
Despite how far we may have come, it seems that the times are indeed lending themselves to a backwards crawl into ignorance and intolerance, even in the most liberal of cities.
people for sexual orientation, gender identity, and gender expression, she has recently witnessed displays of hate. And even though harassment and bullying in the workplace is less common these days, she says many young people are still afraid to be "out" at work."Well-intended people in positions of power have warned them to 'be careful.' I say, bring your whole true self to the table," Belmont said. "Let your coming out happen organically or make an announcement, or find a way to come out in your job interview to test the water. If you don't get hired because you are LGBTQ, did you really want to work there anyway?"Her best suggestion for protection is to use the Human Rights Campaign Corporate Equality Index to discover which of the larger companies have the best ratings, seek employment with companies with inclusive Equal Employment Opportunity policies, Employee Resource Groups for LGBTQ people, trans-inclusive insurance benefits, and a corporate culture committed to diversity and inclusion.Ultimately, Rivera says, if your employer doesn't adequately address a complaint about discrimination, speak to a lawyer who specializes in plaintiff's-side employment law; every case is different, so there is no one-size-fits-all solution: you have to obtain specific and personalized advice."When someone is sick, they know that they should go to a doctor and that searching Google or WebMD isn't going to accurately diagnose the problem. People should view getting legal advice in much the same way," he said."It's not enough to talk to your aunt the divorce lawyer. Go speak to a lawyer who specializes in this work, the sooner the better. It's amazing the amount of comfort you'll get from a 30-minute consultation with a professional who is experienced in employment discrimination law."