Have you been harassed or discriminated against because of your sexual orientation? Do you have HIV or AIDS? Has your employer made life miserable for you at work? Have you had to put up with bigotry and unfair treatment? Are you being paid less because of your sexual orientation? Have you seen any advertisements barring gays or lesbians from applying?
Connecticut is one of the few states in the union that has a specific law designed to prevent sexual orientation discrimination. Our law provides:
"It shall be a discriminatory practice in violation of this section:
1. For an employer ... to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against him in compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation." C.G.S. Section 46a-81c.
Simply put, employers may not discriminate against you in this state because you are either gay or lesbian or perceived as such. You have the same rights to be free from discrmination as other protected classes.
This law permits lawsuits for damages, including backpay and emotional distress, reinstatement, restoration of benefits and other relief. Claims must be made within 180 days in the CHRO. Lawsuits must be filed within two years of the CHRO filing.
Please complete our confidential questionnaire to submit your inquiry.
Is sexual orientation discrimination illegal in Connecticut?
Recent Rulings
A federal judge in Iowa denied an employer's Motion to dismiss a former employee's claim that he was discriminated against by his employer, a radio station, on the basis of his perceived sexual orientation. In this case, the employee was asked whether he had AIDS, had anti-gay graffiti written on his car, was told that he should use the ladies' room, and was called perverted when he asked to interview a newly married gay couple. The abuse grew to be so bad that he quit his job (though he rescinded his resignation shortly thereafter). The court held that the employee had shown enough evidence that he was discriminated against on the basis of his sexual orientation that he could proceed to trial on his case. Seim v. Three Eagles Communications, Inc., 2011 WL 2149061 (N.D. Iowa June 1, 2011).
In 2009, a Connecticut court upheld a verdict awarding $94,500 to a plaintiff who alleged that he was the victim of a hostile work environment based on sexual orientation. The plaintiff was repeatedly harassed by his co-workers, who called him derogatory names insulting to homosexuals. The employer only did a brief investigation in which it credited the reports of the harassers over the report of the plaintiff, and held a seminar about harassment which some of the harassers did not attend. The court held that the plaintiff had produced enough evidence to sustain the verdict. Patino v. Birken Mfg. Co., 2009 WL 1624365 (Conn. Super. 2009) (Prescott, J.)
A federal District Judge in Connecticut recently dismissed the case of a U.S. Postal Service employee who claimed that his supervisors and co workers at the Post Office had harassed him on account of his sexual orientation and gender. The employee claimed that his equipment was taken from him, his glasses were broken, his mail was hidden, he was called derogatory names, and rumors were spread about him. Unfortunately, he failed to first take his claims to the Equal Employment Opportunity Commission and the court had to dismiss his case. Anyone who feels that they have been subjected to discrimination, retaliation, or harassment should quickly contact the EEOC or the Connecticut Commission on Human Rights and Opportunities to protect his or her claims.
You should not delay to enforce your rights. Contact us to talk to an attorney about your options.
The Hayber Law Firm, LLC, Employee Rights Advocates, 221 Main Street, Suite 502 Hartford, CT 06106
