LGBTQ Discrimination Attorneys in Las Vegas

Although there are several laws in place that try to prevent LGBTQ discrimination in Las Vegas, the rates of employment discrimination are still very high. In the event that an employee has been discriminated against, they could seek compensation from their employer. But, it takes strong evidence to prove such cases occurred. 

That’s why we recommend that you have qualified attorneys like Heidari law attorneys on your side when pursuing such a claim. Our employment attorneys have represented employees who have been taken advantage of in various different ways.

Nevada LGBTQ Discrimination Laws

• The state of Nevada prohibits discrimination based on an employee’s gender or sexual orientation.
• An employer in Nevada is prohibited from discriminating against an employee throughout all stages of the employment process, including hiring the employee, promoting the employee, or firing the employee.
• Nevada has hate crime laws in place that prevent and penalize hate crimes that are motivated by gender or sexual orientation.

What type of discrimination is protected in Nevada?

•  Employees who are gender transitioning
•  Employees who express their gender a certain way
•  Employees who identify as a gender
•  The employee’s sexual orientation

What do LGBTQ discrimination laws prevent?

 Las Vegas LGBTQ laws prevent discrimination throughout all points of the employment process. This includes:

•  Job assignments
•  Hours assigned
•  Termination
•  Hiring
•  Training
•  Promotions
•  Providing sick days
•  Providing vacation days
•  Pay

Can I hold my employer responsible for LGBTQ discrimination in Las Vegas?

You have the right to hold your employer responsible in the event that your employer has discriminated against you because of your sexual orientation. There are specific steps that you must take in order to hold your employer accountable. For more information, we recommend that you reach out to our top-rated employment attorneys in Las Vegas to schedule a one-on-one consultation. 

What are examples of LGBTQ discrimination in Las Vegas?

LGBTQ discrimination cases could happen in several different ways. Many employees do not even know that they are being discriminated against, or may be too afraid to speak up for fear of retaliation. Examples of discrimination include:

• Threats
• Assault
• Physical violence, such as battery
• Calling an employee offensive names
• Failing to call the employee by the name or gender they prefer
• Offensive jokes
• Derogatory terms
• Sexual assault
• Firing an employee after they have decided to go through a gender transition

Is my employer responsible for sexual discrimination in Las Vegas?

Employers that have 15 or more employees could be held responsible for sexual discrimination in Las Vegas, Nevada. If your employer has less than 15 employees, we recommend you speak to our highly qualified employment attorneys for more information.

Who must follow LGBTQ discrimination laws in Nevada?

All employees that belong to the company are responsible for making sure that they follow discrimination laws. This means that any employee, such as a supervisor, manager, customer, CEO, board member, etc. could be held responsible for sexual orientation discrimination while at work.

What type of evidence will I need for my LGBTQ discrimination lawsuit?

There are several different ways discrimination could occur while at work, which is why the more records you have of the discrimination, the better our attorneys could build up your case. For example, some types of evidence that may build your case include:

• Letters from the employee or employer
• Emails from the employee or employee 
• Text messages from the employee or employer
• Meeting recordings or minutes
• Recorded phone calls
• Video surveillance

What happens if I do not have direct evidence?

In most cases, employees may not have direct evidence of sexual orientation discrimination at work. But, discrimination cases are still proven through circumstantial evidence. Circumstantial evidence is referred to as evidence that may not be direct but points to several pieces as to why the discrimination occurred, or what motivated the employee’s actions. For example, if the harasser or employee had a history of discriminating against other employees, it may be used as circumstantial evidence in your discrimination case. 

Who must prove sexual orientation discrimination?

It is the responsibility of the party filing the claim or the lawsuit to prove all the elements of discrimination, and to show that discrimination occurred. There are different factors that the accuser must have to prove. Then, the accused will have to show a non-discriminatory reason why they took such action.

For example, if you were fired immediately after you announced that you are going to gender transition, and you file a lawsuit against your employer, you must have to show the connection between why your employer fired you and their discriminatory motive. Your employer will then have to defend themselves and prove the non-discriminatory reason for firing you. If your employer fired you because you started to arrive late to work for the last several months, this could be a valid non-discriminatory reason. 

What type of compensation could I receive for my  Las Vegas discrimination case?

There are several different types of compensation you can receive, but it depends on the circumstances of the discrimination, and what you missed out on from the discrimination. For example:

• Back pay: this refers to the compensation you missed out on because you were discriminated against by your employer
• Front pay: this is the compensation that you should receive in the future. For example, if you were assaulted while at work, and those injuries have now prevented you from going back to work, you could receive future pay.
• Benefits:  if your employer withheld benefits, you are entitled to those benefits and any interest.
• Medical bills: if the discrimination led to physical injuries, which required you to get treatment, you could get compensated for your medical bills and expenses.
• Other costs:  there are several other types of costs that do not meet any of the above categories, for example, job search costs. if you had to look for another job after your employer fired you, you have the right to collect compensation for your job search.
• Punitive damages: punitive damages are awarded by the court against those parties that have acted maliciously. Usually, in circumstances like Las Vegas car accidents, punitive damages may not be commonly awarded. But, since discrimination is intentional and considered malicious, punitive damages are likely to be awarded in your Las Vegas LGBTQ discrimination case.