Employees experience discrimination at work for a number different reasons. Employers are obligated to ensure their workplaces are free from sexual orientation discrimination and other forms of harassment at work. It is unlawful for employers to discriminate against a worker due to their actual or perceived sexual orientation.
California labor law clearly states that discrimination based on sexual orientation or gender identity is illegal. If you feel that your employer in Los Angeles is treating you unfairly due to your sexual orientation or preferences, contact our experienced sexual orientation lawyers at Wrongful Termination Law Group today.
What is sexual orientation discrimination?
The rights for LGBTQ discrimination varies across the United States of America. Nonetheless, the California labor laws state that employers are strictly forbidden from discriminating against workers due to their sexual orientation.
LGBTQ rights discrimination is defined as the inappropriate treatment of a worker because of his or her sexuality. Below is a list of the different victims of sexual orientation discrimination in the workplace:
- Lesbian females
- Gay males
- Bisexual males and females
- Transgender men and women
Our sexual discrimination lawyers in Los Angeles are devoted to defending the employment rights of our workers. If you, a colleague or friend have been victims of discrimination based on sexual orientation by a current or past employer, it is critical to speak with an experienced employment attorney to ensure that this behavior stops, and you are compensated for any damages.
At Wrongful Termination Law Group, it is our mission to help clients come to terms with hostile work environments and seek the compensation they deserve. Based on the specifics of each case, we develop effective legal strategies to protect LGBTQ rights in the workplace and bring sexual orientation discrimination cases to trial or favorable settlement.
What laws protect employees against sexual orientation discrimination?
California labor law dictates that employees in Los Angeles are protected from workplace discrimination based on their sexuality. Workplace discrimination can take the form of:
- Harassment by boss or colleagues
- Unfair treatment at the hands of your employer, particularly after they learn of your sexual orientation
- Overhearing negative comments about homosexual or bisexual people
- Being passed over for promotions or pay raises
- Denial of health insurance or other fringe benefits
It is unlawful for an employer to enforce sexual discrimination in the workplace because employees are gay, lesbian or bisexual. A worker or job applicant should never be judged due to their sexuality, and employers should not base employment decisions on this. These decisions include hiring, firing, demotions, promotions and other types of benefits.
In 2015, the Equal Employment Opportunity Commission (EEOC) ruled that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination against LGBTQ employees. A federal appeals court decided that “discrimination on the basis of sexual orientation is a form of sex discrimination.”
Nevertheless, as of today there are unfortunately still no federal laws which explicitly state LGBTQ discrimination in the workplace to be against the law. However, the U.S. Supreme Court has deemed the Title VII prohibition on sex discrimination in the workplace also protects employees who do not meet traditional stereotypes about sex and gender. Many courts have interpreted this ruling to rule that LBGT discrimination is illegal under federal law.
Based on this, a number of states have enacted legislation to protect LGBTQ workers, and while that number is growing, most states are still without any type of laws against LGBTQ discrimination. Fortunately, California is one of the states that have disallowed discrimination based on sexual orientation and gender identity.
California labor law thus prohibits discrimination against LGBTQ employees based on their sexuality. California law considers that whether workers are straight, gay, lesbian or bisexual should have zero bearing on how they are treated in the workplace, and should not affect their working life in any way. For example, according to the California labor law, workers in Los Angeles have the right to be addressed using pronouns which represent their sexual orientation or gender identity.
Many sexual orientation discrimination cases that we have settled revolve around the workers use of restrooms. Every employee has the right to use the restroom that corresponds to their gender identity of choice. The same applies for the employee’s dress code of choice. An employer may apply its own dress code, as long as it allows its workers to dress according to their chosen gender identity.
Our professional representation in sexual orientation discrimination cases
Do you feel that you have been a victim of sexual discrimination in the workplace? If so, our sexual discrimination lawyers can represent you and fight for the compensation that you rightfully deserve.
In every sexual orientation discrimination case, it is vital to understand what the motivations of the employer are. When you work with Wrongful Termination Law Group, our professional sexual orientation discrimination lawyers will thoroughly investigate your situation to gather sufficient evidence to defend your case. We will work closely together with you to fight for your employment rights.
Experienced sexual orientation discrimination lawyers for LGBTQ rights
The California labor law states that employers should not discriminate against workers on the basis of their gender identity or sexual orientation. In spite of these laws, our sexual orientation discrimination lawyers are often called to represent clients who have been victims of discrimination against sexuality due to various reasons:
- Sexual orientation discrimination in hiring a person who is gay or believed to be gay
- Harassment at work or bullying by colleagues
- Denial of opportunities such as promotions
- Denial of leave to take care of one’s partner
- Termination because of gender identity or sexual orientation
- Retaliation for complaining about sexual orientation discrimination in the workplace
- Inappropriate comments by a manager or supervisor
LGBTQ rights discrimination can range from subtle biases such as negative performance reviews to patent and anti-gay behavior. When working with our sexual orientation discrimination lawyers, we will guide you throughout the entire legal process.
Filing a gender identity or sexual orientation discrimination complaint
The California labor law is there for employees working in Los Angeles and protects them from sexual orientation discrimination in the workplace. With this in mind, a time limit of one year does apply from the date of discrimination. Every successful sexual orientation discrimination claim entitles workers to recover compensation and other damages.
The first step of the legal process is to investigate the case. During this step, the Department will gather any available information and evidence using employment records. Once the investigation has been conducted, the Department may help settle the sexual orientation discrimination case or refer it to the legal department.
The following step would be for the Department to identify whether a violation of the California labor law has occurred. If this is not the case, the employee should take his claim into court and hire his own personal sexual orientation discrimination lawyer.
We represent employees.
At Wrongful Termination Law Group, we represent victims of discrimination based on sexual orientation in Los Angeles and throughout Southern California.
After learning about your situation, our attorneys will give you trustworthy advice about your best legal options. To discuss your case with a sexual orientation discrimination lawyer, please contact us at (562) 630-1500 for an appointment. Since we work on a contingency basis, you will not be charged unless we win or settle your case.