Trial-Tested Sexual Orientation And Gender Discrimination Lawyers Serving Clients In Iowa And Nebraska
Your sexual orientation and gender identity are important to who you are as a person, but in most cases, they have no impact on your ability to do your job. That’s one of many reasons why it is illegal to discriminate against workers or job candidates on the basis of sexual orientation or gender identity. If you’ve been the victim of discrimination at work in Iowa or Nebraska, our attorneys at Fiedler Law Firm, P.L.C., can help protect your rights and seek a legal solution that could compensate you and force your employer to change its practices.
Our firm is well known throughout the area for our success on behalf of clients. We are also one of the few employment law firms willing and ready to take cases to trial when needed. When you hire Fiedler Law Firm, you can be confident that you and your case are in good hands.
You Can’t Be Punished For Being Who You Are
In June 2020, the United States Supreme Court recognized in Bostock v. Clayton County, Georgia, 2020 WL 3146686 (U.S. June 15, 2020), that Title VII of the Civil Rights Act of 1964 protects individuals from discrimination on the basis of their sexual orientation and gender identity. Learn more here.
Iowa was ahead of the rest of the country when it came to LGBTQ+ rights. Since July 1, 2007, it has been illegal in Iowa to discriminate against someone in employment (as well as education, public accommodations, credit, and housing) on the basis of sexual orientation or gender identity. Harassment based on either protected class is also illegal.
This does not give employees who identify as gay, lesbian, bisexual, pansexual, asexual, queer, or anything in between “special rights.” The law protects all people – including straight people – from being harassed or discriminated against because of their sexual orientation.
Gender identity is the personal sense of one’s own gender, which can be the same as the individual’s assigned sex at birth or different. It is the inner concept of who you feel you are, which can be male, female, both, neither or fluid (meaning, it changes). It is not the same thing as sexual orientation; however, it is illegal for employers to discriminate against an individual on either basis.
Examples Of Sexual Orientation And Gender Identity Discrimination
Workplace discrimination can take many forms. You may have a cause for legal action if you have experienced any of the following (or similar) events:
- You’re fired for being gay, straight, bi or trans
- You’re harassed at work for being gay, straight, bi or trans
- You’re treated differently after you come out
- Your employer refuses to talk about you using your preferred gender pronouns
- Your employer refuses you access to the restroom or locker room consistent with your gender identity
Still not sure you have a case? Consider telling your story to a discrimination attorney for case-specific advice.
Common Sexual Orientation/Gender Identity Discrimination Scenarios
Below, we’ve listed some common discrimination scenarios our clients face, along with how our attorneys might respond.
Scenario one: “I’ve worked for the same corporation for six years. I recently came to the difficult decision to start transitioning. My boss seemed okay at first but is now asking all sorts of inappropriate personal questions. Not sure how to handle this.”
Attorney response: The best course of action depends on how big the corporation is and what layers of management (if any) are available above your boss’ head. If there is a human resources department, maybe they could intervene and teach him some boundaries. If not, or if that doesn’t work, you may need to consider more formal legal action.
Scenario two: “My supervisor went to a religious retreat and returned saying she’d found God. The only problem with this is that she says God hates my “homosexual lifestyle” and considers it an “abomination.” She says she loves me and wants to save me from hell. I wish I was kidding. I really like her or used to, but I can’t take much more.”
Attorney response: What you’re describing is illegal harassment, motivated by your sexual orientation. It makes no difference that her bias against you appears to be motivated by religion. Your civil right to a workplace free from harassment does not depend on her approval of it.
Scenario three: “No one from work knew I was lesbian until I got married and put a wedding photo with my wife on my desk. Most people are either nice about it or they ignore it, which is fine. The problem is that a colleague I’m working with on a big project has suddenly become uncooperative. She won’t return my calls or emails, and when we do talk, she is very curt. It’s like she doesn’t want anything to do with me anymore. I don’t know if she hates gay people or if she had a crush on me or why she’s acting this way and I don’t feel comfortable talking about it with her. Maybe it involves something else entirely, I don’t know. Do you have any advice?
Attorney response: Your main focus needs to be on the project and making sure you don’t get blamed for the lack of progress. This means you’ve got to talk to someone – I’d suggest your immediate supervisor. Tell the supervisor what you told me and enlist her help. If the colleague’s change in attitude is related to your sexual orientation, the company has a duty to make her shape up or give you whatever other resources you need to make the project a success.
Each case is unique, so it is a good idea to discuss your options with an experienced lawyer like those at our firm.
How Can You Prove Sexual Orientation Or Gender Identity Discrimination?
Begin by documenting everything and gathering as much evidence as possible. Here’s what you might consider collecting:
- Written communications: Save any emails, texts, or written notes that reference discriminatory remarks or decisions.
- Witness statements: If coworkers or other individuals witnessed the discrimination, their accounts and willingness to support your claim can be very helpful.
- Official documents: Keep records of any official company documents that relate to the incidents. This could include your job performance reviews if they show a sudden drop in performance without a clear reason.
Keeping a detailed record of events can be very useful. Write down:
- Dates and times of discriminatory acts
- Names of people involved and their roles
- What was said or done
- How the actions affected you emotionally and professionally
Your next step is to speak with an experienced employment discrimination lawyer like those at our firm. Your lawyer can explain your legal options and help you file a formal complaint with the appropriate agency. In Iowa, you might file a complaint with the Iowa Civil Rights Commission. Remember: You don’t have to fight this battle alone – our attorneys will be by your side.
Contact Us Today To Learn How Our Firm Can Help
Fiedler Law Firm has offices in Johnston, Iowa, and Omaha, Nebraska, and we serve clients throughout both states. If you believe you have been the victim of sexual orientation discrimination or discrimination based on your gender identity, contact our firm today to schedule a first meeting about your discrimination claim. Just call You can reach out online or call our Johnston, Iowa office at 515-303-8210 or our Omaha, Nebraska office at 402-281-3501. You can get in touch with us by reaching out online.