Employment and Housing Rights for Survivors of Abuse is a project of
Legal Momentum. See the last page of this guide for further information.
Know Your Rights
LESBIAN, GAY, BISEXUAL, AND
TRANSGENDER DOMESTIC VIOLENCE
SURVIVORS
395 Hudson Street New York, NY 10014-3684 t: 212.925.6635 f: 212.226.1066 www.legalmomentum.org
Abused women and/or men in same-gender relationships face unique barriers to asserting their rights to be free from
domestic violence including homophobia and misconceptions about domestic violence in same-gender relationships.
Consider the following:
Research indicates that the rate of domestic violence in the lesbian, gay, bisexual, and transgender community
is similar to the rate among heterosexuals.
Many lesbian, gay, bisexual, and transgender individuals do not identify themselves as victims of domestic
violence because of the myth that battering does not occur in the lesbian, gay, bisexual, and transgender
community, or the myth that same-gender violence is ?mutual battering.?
Many cases of domestic violence go unreported because of fear of homophobia, biphobia, and transphobia by
friends and family, as well as by the police and judicial system. Others don't come forward because of their
fear of being ?outed.?
If you are lesbian, gay, bisexual, or transgender, you may face the possibility of double discrimination based on your
sexual orientation or gender identity and your status as a domestic violence survivor when you seek assistance from the
police, the judicial system, a service provider, or your employer.
This is especially true in the workplace, where homophobia and stereotyping about domestic violence survivors often
prevent abused women and/or men in same-gender relationships from asserting their employment rights. For example,
a lesbian may be fearful of talking to her employer to develop a safety plan or to ask for job-protected medical leave for
injuries from abuse. Victims of sexual assault by persons of the same sex may face similar challenges.
EMPLOYMENT RIGHTS OF LESBIAN, GAY, BISEXUAL, AND
TRANSGENDER SURVIVORS OF DOMESTIC VIOLENCE
If you are a lesbian, gay, bisexual, or transgender survivor of domestic violence, it may affect your
job or your ability to keep your job. For example:
You may need to miss days of work to address medical or legal needs arising from the
domestic violence
An abuser may be calling you repeatedly or stalking you at work, which may affect your job
performance and may make you fearful of losing your job
As a survivor of domestic violence, there are steps you can take to help protect yourself and your
job. Some of these steps may not require you to disclose your sexual orientation or gender identity.
However, if you choose to disclose your sexual orientation in your workplace, or you are already
?out? at your job, and you believe your employer has treated you differently because of your sexual
orientation or gender identity, you may be entitled to protections under anti-discrimination laws in
some cities and states (see ?Employment Discrimination? section on the next page).
Lesbian, Gay, Bisexual and Transgender Domestic Violence Survivors
2
SAFETY PLANNING AT YOUR JOB
A key to your ability to keep your job may be to prevent the abuser from harassing you or placing
you in danger at your workplace. There are steps you can take to increase your safety at work so that
you can better keep your focus on your job. If you are not ?out? at work, it may not be necessary for
you to disclose your sexual orientation or gender identity to your employer to protect yourself from
the abuser at your job. Only you can be the judge of how best to protect your safety. The following
is a partial list of steps to consider taking at work. See the
Employment and Housing Rights for
Survivors of Abuse
guide, ?Safety Planning in the Workplace: Protecting Yourself and Your Job? for more
information about this issue.
Consider telling someone at your job about the domestic violence:
If you haven't already
informed someone at your job, try to find someone you trust and ask them to keep the information
confidential. This may be especially difficult if you are not ?out? at work, but a coworker may be
able to help you by keeping a look out for the abuser or providing you with support. You may ask
the person you have confided in to call the police if the abuser threatens or harasses you at work.
Security:
The abuser may know where you work and may stalk you at your job. Even if the abuser
has never come to your job before and you don't think he or she will, it is important to take steps to
ensure your safety at work. If the abuser has threatened to come to your job, you may choose to tell
building security and provide them with a copy of any restraining order you have, as well as a photo
of the abuser. You can ask security to call the police if they see the abuser. Have someone escort you
to your car or to public transportation, try to leave your office during daylight hours, or see if you
can change your work hours. Consider car pooling or informing a security guard in the parking lot
about your need for safety from the abuser.
Workplace Restraining Order:
If the abuser has already threatened you at work ? in person or
over the phone ? you may want to approach your employer about getting a temporary
restraining/protective order and injunction on your behalf. In some states, including California,
New York, and New Jersey, a workplace can obtain a restraining order against the abuser for the
safety of the workplace.
EMPLOYMENT DISCRIMINATION BASED ON
SEXUAL ORIENTATION OR GENDER IDENTITY
Sexual orientation discrimination in employment occurs when an employer harasses or treats an
employee unfairly or differently because of his or her real or perceived sexual orientation. Many
states (including California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New
Hampshire, New Jersey, Rhode Island, Vermont, and Wisconsin) and many cities (including New
York City, San Francisco, and Washington, D.C.) prohibit such discrimination, making it illegal for
an employer to fire or otherwise penalize you because of your sexual orientation.
California?s Fair Employment and Housing Act, for example, prohibits discrimination or different
treatment in any aspect of employment or opportunity for employment based on actual or perceived
sexual orientation. Similarly, several cities including San Francisco and New York City have passed
ordinances prohibiting employment discrimination based on sexual orientation. San Francisco's
ordinance also prohibits employment discrimination based on gender identification.
Lesbian, Gay, Bisexual and Transgender Domestic Violence Survivors
3
If you believe you have been discriminated against because of your sexual orientation or gender
identity, you may have a cause of action against your employer. It is important to contact the agency
in your state or city that enforces employment discrimination laws to find out if sexual orientation or
gender identity discrimination in employment is prohibited where you live. You may want to contact
organizations such as the Lambda Legal Defense and Education Fund (212-809-8585), the ACLU
Lesbian and Gay Rights Project (212-549-2627), or the National Center for Lesbian Rights in San
Francisco (415-392-6257) for information about anti-discrimination laws in your area. In certain
circumstances, other anti-discrimination laws such as sex discrimination laws may apply. Contact
Legal Momentum
for more information about whether you may have other claims against your
employer.
DOMESTIC VIOLENCE RESTRAINING/PROTECTIVE ORDERS
Domestic violence restraining/protective orders prohibit someone from abusing you, and can also
order him or her to stay away from your place of employment. In some states, victims of domestic
violence in same-gender relationships may be unable to obtain a restraining/protective order against
the abuser. As of 2001, relevant state laws include:
In 40 states and the District of Columbia, a domestic violence victim in a same-gender
relationship can get a civil restraining/protective order against an abuser.
In 7 states, civil domestic violence restraining/protective orders (obtained in civil or family
court) are available for victims of abuse by an opposite-gender partner, but are more limited
or unavailable for victims of same-gender abuse (Arizona, Delaware, Louisiana, Montana,
New York, South Carolina, and Virginia). In some of these states, you may be able to get a
protective order in criminal court. Contact your local domestic violence service provider,
lesbian/gay/bisexual/transgender rights advocacy organization, or anti-violence project for
information about how to get protection in your state.
In 3 states ? Florida, Maryland, and Mississippi ? the law is unclear as to whether victims of
same-gender domestic violence can get civil restraining/protection orders.
In addition to domestic violence restraining/protective orders, some state laws provide other civil
protection orders which apply to specific crimes such as battery, harassment, and stalking. You may
also be able to obtain a criminal restraining/protective order if there are criminal charges against the
abuser. Ask a local domestic violence program or lesbian anti-violence project about the options in
your state. Contact the Lambda Legal Defense and Education Fund (212-809-8585), the New York
City Gay and Lesbian Anti-violence Project (212-714-1141; 24 hours), or your local
lesbian/gay/bisexual/transgender rights advocacy or anti-violence project for additional information
about these laws.
CONSULT THE APPROPRIATE AGENCY OR ATTORNEY ABOUT YOUR RIGHTS
This guide is intended to provide accurate, general information regarding legal rights relating to
employment. Yet, because laws and legal procedures are subject to frequent change and differing
interpretations, Legal Momentum cannot ensure the information in this guide is current nor be
responsible for any use to which it is put. Do not rely on this information without consulting an
attorney or the appropriate agency about your legal rights in your particular situation. If you need
Lesbian, Gay, Bisexual and Transgender Domestic Violence Survivors
4
assistance in finding a lawyer, contact Legal Momentum, the bar association in your state, or your
local legal services office, domestic violence coalition, sexual assault coalition, or service provider.
For more information or assistance, please contact 212-925-6635 or
ehrsa@legalmomentum.org
.
This guide is available for downloading at
www.legalmomentum.org.
Employment and Housing Rights for Survivors of Abuse is a project of Legal Momentum. This project was supported
by Grant No. 98-WL-VX-0007 awarded by the Violence Against Women Grants Office, Office of Justice
Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily
represent the official position or policies of the U.S. Department of Justice.
This guide was originally developed in conjunction with Legal Aid Society of San Francisco/Employment Law
Center.
?2001 Legal Momentum; reformatted 2005.
Source: http://ciaracolonoidvsurvivorcom.blogspot.com/2013/01/your-your-rights-my-friendsgay-lesbian.html
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