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My employer is letting co-workers discriminate against me. Do I have a case against them and should I go to the EEOC?

Marietta, GA |

I am a gay male that works in an office that is 90% women. The women do not want to sit next to me and I have heard them, (supervisors included), talking about my sexual orientation. When new people were hired, they were sitting next to me the first day. Then they were suddenly moved and I'm sitting alone again. Everyone was teasing that the new people moved because no one wanted to sit next to me. I am very depressed and going to human resources about it but I want to take a cause of action. They are making me feel inferior and it is affecting my work performance.

Attorney Answers 2


You may have a cause of action for hostile work environment. Unfortunately, not every state prohibits discrimination on the basis of sexual orientation (I am not sure where GA stands on this issue). The federal law (which is where the EEOC operates) is Title VII. Title VII does not explicitly prohibit sexual orientation discrimination, although some cases have extended Title VII's prohibition against gender discrimination to "gender role" type discrimination to sexual orientation cases.

Because sexual orientation discrimination is a fast developing area of the law, I strongly encourage you to speak to an employment attorney admitted to practice in GA,

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Talk with a local attorney, but be realistic here. It is not your employer who is acting badly but your coworkers --- and it can be difficult for the employer to effectively compel gracious and kind behavior by other employees. The law recognizes this difficulty.

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