Does your employer think you are too gay?

On Behalf of | Jun 17, 2022 | workplace discrimination

The Denver area is home to thousands of businesses of all sizes, making it somewhat difficult to compete for customers. Therefore, it is not uncommon for employers to be selective when choosing which of their workers are the public faces of the company. Your employer must not violate either federal or state law, though.

According to Colorado Law, it is unlawful for employers to discriminate against workers because they are members of the LGBTQ+ community. It is also unlawful for employers to discriminate against employees they believe may be gay, regardless of their actual sexual orientations.

The way you act

You have a right to be you. While your employer may be able to place reasonable and legal restrictions on the way you behave, your boss cannot target you because of your sexual orientation or gender identity. If you dress or behave in stereotypically gay ways, your employer probably cannot treat you differently.

Your job duties and pretext

You undoubtedly can perform your job duties effectively. Nevertheless, most employers in Colorado recognize it is unacceptable to discriminate against LGBTQ+ workers. If your employer modifies your job duties to keep you away from customers, you may need to investigate the company’s rationale.

Pretext happens when employers blame their actions on something other than their genuine reasons. For example, your employer may say your new job duties stem from a sham performance review instead of your sexual orientation or gender identity. Still, using a pretext to cover up discriminatory conduct violates state law.

Ultimately, if your employer thinks you are too gay to interact with members of the public, you may have a limited time to file a discrimination complaint.

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