How to handle workplace discrimination as an LGBTQ+ employee

Workplace discrimination based on sexual orientation or gender identity is illegal in the UK, US, EU, Canada, and Australia. If you experience it, you have rights and recourse.

What counts as workplace discrimination?

• Direct discrimination — being treated less favourably because of your LGBTQ+ identity
• Indirect discrimination — a policy that puts LGBTQ+ employees at a particular disadvantage
• Harassment — unwanted conduct creating an intimidating, hostile, or humiliating environment
• Victimisation — being treated badly because you have made or supported a discrimination complaint

Your legal rights by country

UK: The Equality Act 2010 makes it unlawful to discriminate on grounds of sexual orientation or gender reassignment. US: Following the Supreme Court’s 2020 ruling in Bostock v Clayton County, Title VII protects LGBTQ+ employees from workplace discrimination. The EEOC handles complaints. EU: The Employment Equality Directive prohibits discrimination based on sexual orientation across all member states. Canada: The Canadian Human Rights Act was amended in 2017 to add gender identity and expression explicitly. Australia: The Sex Discrimination Act was amended in 2013 to prohibit discrimination based on sexual orientation, gender identity, and intersex status.

How to document discrimination

1. Write down what happened as soon as possible, including date, time, location, and who was present
2. Keep copies of any written evidence: emails, messages, performance reviews
3. Keep a record of any reports you make internally and the responses you receive
4. Store copies outside your work systems — on personal email or a personal device

How to report and escalate

Start with HR informally to understand the process. If needed, raise a formal grievance. In the UK, ACAS provides advice and facilitates early conciliation. In the US, file with the EEOC. Connect with LGBTQ+ support organisations including Galop (UK) and the Trevor Project (US).

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