Is this harassment or discrimination?

I was recently suspended from work based on the fact that I am a lesbian. They are uncomfortable because I call everyone baby. They say that if I rub their shoulders and say it will be OK they are uncomfortable. They say I stand too close when receiving instruction on what I am to do. I have only been on the job for a week. They say if my life choices were different, it would be OK. Is this harassment or discrimination?

Asked on July 6, 2012 under Employment Labor Law, Tennessee


Jonathan Pollard / Pollard LLC

Answered 8 years ago | Contributor

In short, this is most likely not actionable under federal law.  Title VII does not prohibit discrimination based on sexuality.  Beyond that, what you describe does not seem like any type of blatant discrimination--- it would take much more than what you describe above to have a viable discrimination case, of any sort.  Still, if you feel that you have been discriminated based on your sexuality, it is possible that there is some state or local law that would prohibit this.  Speak with an attorney.

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