California Sexual Orientation Discrimination Attorney

California has been at the forefront of protecting the rights of those in the LGBTQIA+ community, but just because the laws prohibit discrimination doesn’t mean it is no longer a problem in the workplace. The fact is that companies are continuing to discriminate on the basis of sexual orientation. Unless employees act to enforce their rights, that discrimination is likely to continue.

At Justice Law Corporation, we fight to uphold the rights of employees in the workplace, including situations where workers have been treated unfairly due to their sexual orientation. We work to recover compensation for advantages lost and emotional anguish triggered by unlawful discrimination. In some cases, we may be able to obtain specific relief, such as a promotion that was unfairly denied. To find out what may be possible in your case, we invite you to contact our team for a confidential, free consultation with a knowledgeable California sexual orientation discrimination attorney.

Understanding the Forms Discrimination Can Take

At the most basic level, discrimination involves treating someone differently because of specific characteristics that they have. When the characteristics are protected by law, discrimination is illegal.

Sexual orientation is one of the factors protected by law in California. Gender identity, transgender status, gender expression, and other factors related to sex, gender, and marital status are also protected under the law. An employer is not allowed to treat you negatively because of these factors.

It is not always obvious when discrimination occurs in the workplace, as it can be very subtle. An employer might openly fire someone because the employer disapproves of the employee’s sexual orientation, but often, the employer will hide the actual reason for the termination, and it becomes necessary for a California sexual orientation discrimination attorney to investigate to gain proof of the reason for wrongful termination.

Many types of actions can constitute a violation of employment anti-discrimination laws. In addition to terminating a worker, an employer might unlawfully discriminate on the basis of sexual orientation by:

Refusing to hire a prospective employee because they are wearing apparel supporting LGBTQIA+ issues
Providing training to workers with a particular sexual orientation while denying training to other workers
Paying workers differently or providing more valuable benefits to workers with a particular sexual orientation
Giving an employee a poor performance review because of their sexual preferences or to retaliate because they complained about discriminatory treatment
Advertising for new employees with language that indicates a preferred sexual orientation
Harassing an employee because of their gender identity
Giving workers less desirable assignments or job shifts because of their sexual orientation
Excluding certain workers from meetings or other company events

It does not matter what an employee’s sexual orientation or gender identity is. Employers are not allowed to use these factors as a basis for making employment decisions.

Unlawful Harassment

While some employment laws apply only to employers with at least five employees, California law prohibits workplace harassment regardless of workplace size. Employers have an obligation to take reasonable steps to prevent harassment on the basis of sexual orientation, and for many employers, that includes training employees on what constitutes harassment and how to avoid it.

Employers can be held liable for harassment that originates with a supervisor, but they can also be liable for harassment that comes from co-workers, vendors, contractors, and even customers. When a supervisor knows that harassment is occurring and doesn’t take appropriate action to end it, then the employer is in violation of the law, and a California sexual orientation discrimination attorney at Justice Law Corporation may be able to recover compensation for the workers who have suffered as a result.

Examples of Harassing conduct include:

Spreading rumors
Verbal abuse or bullying
Assigning unrealistic workloads
Making offensive jokes
Ridiculing someone
Posting offensive cartoons or pictures

Often, an employer will insist that harassing conduct was meant as a joke and that there’s no harm in it. But jokes at someone’s expense can be hurtful, creating an atmosphere that makes a worker uncomfortable and interferes with their ability to perform job tasks. When harassment is severe or happens continually, it creates a hostile work environment that is considered a form of illegal workplace discrimination.

State and Federal Laws That Prohibit Discrimination on the Basis of Sexual Orientation

Employment discrimination is prohibited by Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, and the California Fair Employment and Housing Act (FEHA), as well as implementing state and federal regulations. Generally, the protections offered under California state law are greater than those provided under federal law. For instance, the anti-discrimination provisions of the FEHA apply to employers with 5 or more employees, whereas the federal provisions apply only to employers with 15 or more employees.

FAQs About Sexual Orientation Discrimination in California

Questions regarding the rights of employees with respect to sexual orientation, gender identity, and related issues are very common, and we don’t have the space or the ability to answer them fully here. If you contact Justice Law directly, a California sexual orientation discrimination attorney can provide answers based on the specific circumstances of your case. For general information, here are some broad answers to some of the questions we receive most often.

What Agencies Are Involved in Enforcing the Laws Prohibiting Discrimination on The Basis of Sexual Orientation and Gender Identity?

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of enforcing civil rights in the workplace. This includes the Civil Rights Act and other laws such as the Americans with Disabilities Act and the Age Discrimination in Employment Act. In California, the FEHA and similar laws are enforced by the Civil Rights Department.

What Should I Do If My Employer Has Discriminated Against Me?

The most effective steps to address workplace discrimination will depend on various circumstances. If you consult a knowledgeable sexual orientation discrimination attorney in California, the lawyer can evaluate the options and outline the course of action that makes the most sense in your situation. Options include negotiating with your employer, filing an agency complaint, or filing a lawsuit, and an attorney may be able to assist with all of these, depending on the circumstances.

Regardless of the way you choose to address the problem, it is essential to preserve evidence that can prove you’ve been subjected to discrimination.

How Can I Prove My Employer Has Illegally Discriminated Against Me?

Evidence of workplace discrimination can be challenging to uncover in many cases. Employers often hide the motivation behind their discriminatory actions. Sometimes, a pattern of behavior can establish an employer’s violation of the law. Usually, an attorney will need to take steps to obtain workplace records and comb through the records to reveal evidence of discriminatory patterns. This is one reason why it can be so difficult to succeed with a discrimination claim without the assistance of an experienced attorney. It takes years to learn all the nuances of the laws and the most effective methods for enforcing them. When enforcement requires litigation, employees will be required to follow rigorous legal procedure, and they will be pitted against experienced defense teams. Proper knowledge is critical to achieving a beneficial outcome.

Workers who have experienced or witnessed discrimination should keep copies of correspondence with colleagues, such as memos and letters, as well as copies of company policies. It is helpful to note what was said in verbal conversations and to identify workplace witnesses who can testify to what they have observed.

What If My Employer Fires Me for Speaking Up?

Both state and federal law make it illegal for employers to retaliate against employees for exercising their legal rights. If you speak to your employer about discrimination you’ve experienced yourself or witnessed against others and your employer fires you for calling the practice to light, that employer is violating the anti-discrimination laws, and an attorney may be able to help you seek compensation and other relief, such as reinstatement in your job. Your employer is not allowed to retaliate in any way, which includes giving you a negative performance review, denying you a promotion, cutting your hours, or taking any other adverse action. Any employee who has been subjected to illegal retaliation should consult an employment discrimination attorney to learn whether they could be eligible for compensation.

What Is the Law in California Regarding Bathrooms?

California regulations specify that employers must provide “[e]qual access to comparable, safe, and adequate toilet facilities…without regard to the sex of the employee.” The regulations specify that:

Employers must allow employees to use facilities corresponding to their gender identity or gender expression
Employers that have single-occupancy facilities must use gender-neutral signs
Employers may not require an employee to use a particular facility or require proof that an employee is eligible to use a particular facility
Employers should provide “feasible alternatives” to protect the privacy of employees. Examples include locks on toilet stalls, shower curtains, and staggered shower schedules.

If an employer violates these or other regulations designed to protect employees’ rights, the employer can be held liable and required to provide remedies to employees who were harmed financially, emotionally, or otherwise.

Talk to a California Sexual Orientation Discrimination Attorney About Enforcing Your Rights

At Justice Law Corporation, we know that employees often suffer silently when they are subjected to harassment because of their sexual orientation or gender identity. We know that workers lose out on benefits and opportunities provided to others just because their employers do not “approve” of their character or lifestyle. And we know that, in many cases, employees should receive compensation for the harm they have suffered.

If you believe your employer has discriminated against you, we urge you to call our team at 818-230-7502 or contact us online to schedule a free consultation and learn how we may be able to help enforce your rights.