In this article, you can discover…
- How to identify sexual orientation discrimination in the workplace.
- How to prove anti-LGBTQ+ discrimination at work.
- Steps to take after facing sexual orientation discrimination.
What Constitutes Sexual Orientation Discrimination In The Workplace?
As a general matter, your employer cannot fire, refuse to hire, take any assignments away from you or discriminate against you in any other way because of your sexual orientation or gender identity.
Employers are not allowed to segregate employees based on actual or perceived customer preferences. For example, it would be discriminatory to keep an LGBTQ employee out of a public-facing position or direct that employee toward certain stores or geographical areas.
In other words, it is not permitted to create a situation where you do not have the same rights or treatment just because of your sexual orientation.
Legal protections exist against sexual orientation discrimination in California. The Department of Fair Employment and Housing prohibits discrimination on the basis of sexual orientation or gender identity, against people with HIV or AIDs or people perceived to have HIV or AIDs.
How Can I Document Anti-LGBTQ+ Discrimination At Work?
Before filing a case, be sure to send a complaint in email to human resources documenting the discrimination, and giving specific examples. This helps create a paper trail that can later be used by your attorney as evidence.
What if you quit due to discrimination before you complain? If you’ve left your workplace due to a hostile work environment before you openly complain, you may be entitled to damages under “constructive termination.”
Legally, this means that a psychologically or physically intolerable work environment compelled you to quit against your will, similar in legal impact to an unlawful termination.
If you’re facing a changed work schedule, reduced hours, or write-ups after coming out to co-workers or a boss, be sure to get copies of your hours or disciplinary papers. It’s not unheard of for employers to suddenly find fault with a worker’s job performance as an excuse to fire them, not for work performance, but for their sexual orientation or gender identity.
Attorney Kevin Levian is a caring, focused employment law lawyer serving California. For over 20 years, he’s helped LGBTQ+ workers protect their workplace rights, seek justice after facing discrimination, and win the damages their case merits.
Have you faced workplace discrimination for your sexual orientation or gender identity? Reach out to Levian Law at (888) 694-8869 for a free initial consultation today!
What’s Your Law Office’s Motivation For Working Especially Hard For The Rights Of LGBTQ+ Workers?
When I was younger, before going to law school, I worked in a beauty supply store that my parents owned in West Hollywood. I worked in a really vibrant and top LGBTQ neighborhood and, from an early age, saw members of that community as human beings first.
They had feelings, rights, stories, friendships, struggles, and concerns. I quickly realized that if members of that community are facing a car accident, discrimination, or workplace injury, they deserve the same excellent legal representation that anyone else would expect.
As an LGBTQ+ client you have rights, and you have a right to dignity as well as privacy. And if you’re a member of this community and are concerned about privacy, we can take steps to be discreet. I can easily identify you as a John or Jane Doe in paperwork, helping you preserve your anonymity while ensuring your rights are protected.
You may be surprised to realize that LGBTQ+ people still face discrimination in California, but it happens everywhere, even in seemingly progressive states. Our goal at Levian Law is to keep fighting and keep working hard for our clients to protect their dignity, rights, and freedom to live as themselves without fear of retaliation.
If I Want To File A Discrimination Complaint Or Case, What Are The Steps To Get Started?
Be sure to get in touch with an LGBTQ+-friendly employment law attorney immediately. We’ll do a full intake of the facts, events, and everything that has happened to you.
We will then send a letter of representation to your employer, and obtain your personnel file. After we review your personnel file, then we draft a demand letter, seeking financial compensation from your employer.
After this, we can begin to negotiate with your employer and their attorneys. This may involve mediation, and many cases have been settled successfully this way. The settlement process can help you save considerable time and help you retain more of your damages, as your lawyers’ fees will be paid by your employer.
If we do not come to an agreement, then we can file a Department Of Fair Employment and Housing complaint, file a lawsuit, serve legal paperwork, and proceed to litigation.
We’ll go as far as you need to or want to go to protect your rights in the workplace and make sure that California is safe and welcoming for its LGBTQ+ workers.
For more information on Workplace Discrimination For LGBTQ+ Workers, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-8869 today.
Attorney Kevin Levian is a caring, focused employment law lawyer serving California. For over 20 years, he’s helped LGBTQ+ workers protect their workplace rights, seek justice after facing discrimination, and win the damages their case merits.
Have you faced workplace discrimination for your sexual orientation or gender identity? Reach out to Levian Law at (888) 694-8869 for a free initial consultation today!
