How Do I Deal With a Homophobic Coworker?

Working alongside a coworker who makes homophobic comments or treats you differently because of your sexual orientation can be stressful, hurtful, and even career-threatening.

If you are facing this kind of treatment, you should know that U.S. law provides protections against discrimination and harassment in the workplace.

This article explains what legal rights you have, how to address the situation with your employer, and what practical steps you can take to protect yourself.

Understanding Homophobia in the Workplace

Homophobia in the workplace can take many forms. It might involve outright slurs or offensive jokes, subtle comments that undermine your identity, or unequal treatment in assignments, promotions, or evaluations.

Even if the behavior is framed as a joke or is not directed at you personally, homophobic language and actions can create a hostile work environment.

A hostile work environment is a legal concept that refers to workplace behavior that is severe or pervasive enough to interfere with an employee's ability to do their job. Under federal law, harassment based on sexual orientation can be considered unlawful discrimination.

Legal Protections Against Homophobic Harassment

In 2020, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, holding that Title VII of the Civil Rights Act protects employees from discrimination based on sexual orientation and gender identity (590 U.S. 644 (2020)).

This means that it is illegal for an employer to fire, refuse to hire, or otherwise discriminate against you because you are gay, lesbian, bisexual, transgender, or queer.

In addition to Title VII, many states and cities have their own laws that explicitly protect LGBTQ employees from discrimination and harassment. These laws often cover smaller employers that are not subject to Title VII and might provide additional remedies.

Steps to Take If You Face Homophobia at Work

1. Document What Happened

Start by keeping a written record of each incident. Include the date, time, location, what was said or done, and who witnessed it. Documentation will be important if you need to report the behavior or take legal action.

2. Review Company Policies

Most employers have anti-harassment policies in place. Check your employee handbook or company intranet to find out what your workplace policies say about discrimination, harassment, and complaint procedures. Employers are legally required to take complaints of harassment seriously.

3. Report the Behavior

If you feel safe doing so, follow your company's reporting procedures. This might mean reporting the conduct to your supervisor, HR department, or a designated complaint officer. When making your report, be clear about what happened and how it affected your work. Stick to the facts and provide your documentation.

4. Seek Support at Work

If your workplace has an employee resource group for LGBTQ employees, consider reaching out. Allies in the workplace, whether colleagues or supervisors, can also provide support and help you feel less isolated.

5. File a Complaint with the EEOC

If your employer does not address the problem, or if the harassment continues, you may file a charge with the Equal Employment Opportunity Commission (EEOC).

The EEOC enforces federal anti-discrimination laws, including Title VII. Generally, you must file a charge within 180 days of the discriminatory act, though in some states the deadline is extended to 300 days.

Filing with the EEOC is usually required before you can bring a lawsuit in federal court. The EEOC may investigate your claim, mediate the dispute, or issue you a right-to-sue letter, allowing you to pursue your case in court.

6. Explore State or Local Remedies

Some states and municipalities provide additional protections for LGBTQ workers and may allow you to file a complaint with a state civil rights agency. These agencies can sometimes offer faster resolutions than federal processes.

Practical Strategies for Handling the Situation Day-to-Day

While pursuing formal remedies is important, you may also need strategies for managing the situation in the short term. Some approaches include:

• Set boundaries. If you feel comfortable, calmly tell your coworker that their comment or behavior is offensive and ask them to stop.

• Report it to your supervisor. If the coworker does not stop after you set boundaries, or if you do not feel comfortable addressing it directly, ask your supervisor to step in.

• Take care of yourself. Facing harassment can take an emotional toll. Consider reaching out to a therapist, counselor, or support group to help you cope.

When Retaliation Happens

Retaliation happens when an employer punishes you for reporting discrimination or harassment. Examples include being demoted, reassigned to undesirable shifts, or fired after you make a complaint.

Retaliation is illegal under Title VII and most state anti-discrimination laws. If you experience retaliation, document it carefully and include it in your complaint.

Next Steps

If you are dealing with a homophobic coworker and the problem continues despite your efforts to report it, it may be time to get legal help.

An employment lawyer can review your situation, explain whether the conduct meets the legal definition of harassment, and advise you on filing a complaint with the EEOC or a state agency.

A lawyer can also negotiate with your employer on your behalf, help you gather evidence, and if necessary, represent you in court to pursue remedies such as reinstatement, back pay, or damages for emotional distress.