Workplace Sexual Harassment or Discrimination Based on Gender Identity: What to Do About It

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Have you been sexually harassed or discriminated against in the workplace due to your gender identity? If so, you may seek damages for the losses you endured and fight back. The law prohibits discrimination against people due to their gender identity or expression. A Charlotte sexual harassment lawyer can help you understand your rights and legal options. Some victims of sexual harassment at work may lose their job, need to leave their jobs, or being passed for promotions due to their gender identity. 

Common Examples of Workplace Discrimination or Harassment

Sexual harassment or discrimination on the job occur when you are not hired due to your gender identity, terminated due to your transition, not given access to the restroom that matches your identity, being harassed. Although occasional mistakes such as misuse of appropriate gender pronouns don’t constitute sexual harassment, intentional and repeated misuse could be a form of sexual harassment or discrimination. If you have been subject to your employer’s adverse decisions because of your gender identity, you should consult an attorney to help you seek damages from your harasser. 

As a victim, you should not suffer in silence or feel scared about retaliation when you decide to speak up. Sexual harassment in the workplace is illegal and have protection from the law. 

Sexual Harassment vs Sexual Assault

A common form of sexual harassment is sexual assault. Although the majority of sexual harassment cases are based on a chain of events, sometimes, even a single incident can be serious enough to change your employment’s terms and conditions. Often, this applies to cases that involve sexual assault. 

When you have been assaulted by a supervisor, you may be able to hold your offender liable unless they can prove they have a policy in place that prohibits harassment and the supervisor did not adhere to it. If your harasser or a coworker or non-employee like a client, your boss only has liability when they knew or should have known of the offense and did not take the appropriate action. 

Steps to Take after the Sexual Harassment Incident

If you think you are being sexually harassed at work, you should take action right away. You need to document the incident by recording all unwanted behavior. Also, retain text messages, emails, or voicemails that show the conduct. 

Moreover, you should not hesitate to seek the services of an attorney to know if the behavior of your harasser is considered a form of sexual harassment. Also, your attorney can tell you what you can do about it.

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