Every person has the right to a workplace free of discrimination because of their sexual orientation. Unfortunately, California employees continue to be discriminated against because of their sexual orientation or gender identity. According to data collected by the Williams Institute of the UCLA School of Law found that over 40% of workers reported experiencing discrimination or disparate treatement at work because of their sexual orientation or gender identity at some point in their employment history. Discrimination, and the fear of being discriminated against because of sexual orientation, continues to shape the lives of California workers.
Maison Law and its founder, Martin Gasparian, proudly stand with LGBTQ employees in California. No employee should have to suffer discrimination in the workplace, especially those that experience discrimination outside of work as well. Even though awareness of this discrimination has increased in recent years, it is still an ongoing problem both inside and outside of the workplace.
Sexual Orientation Discrimination and the Law
Both the California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act make it illegal for an employer to discriminate against an employee because of their seuxal orientation. Sexual orientation discrimination occurs when an employee is treated unfavorably or with hostility as a direct result of their gender identity or preference. Under the law, here are some examples of sexual orientation discrimination:
- Firing an employee because they are gay or lesbian
- Not hiring a transgender man or woman
- Harassing an employee because of their decision to transition. Employers cannot intentionally refuse to use the proper pronoun and name of the individual.
- Denying a person a promotion because of their sexual preference or gender identity.
- Providing a lower salary or denying benefits to a gay or lesbian employee.
Furthermore, the law outlines the wide spectrum of sexual orientation, so as to provide a fuller understanding or who is protected under the law:
- Sexual orientation – Understood to mean heterosexuality, homosexuality, or bisexuality.
- Gender expression – A person’s appearance or behavior relating to their gender, whether or not stereotypically associated with the person’s sex at birth.
- Gender identity – This is described as a person’s identification as male, female, or a gender different from that person’s sex at birth, or transgender.
- Transgender – Understood to mean when gender identity differs from the person’s sex at birth. The transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. Furthermore, a transgender person may or may not identify as “transsexual.”
Damages Available in a Sexual Orientation Discrimination Lawsuit
When a person is discriminated against because of their sexual orientation in the workplace, often their only recourse is to file a discrimination lawsuit against their employer. The reasons for filing a lawsuit are both practical and symbolic. Pracitaclly speaking, the lawsuit will help the employee recover monetary damages from the employer for the mental and emotional toll of allowing the discrimination to take place. Symbolically, a lawsuit shows that a person will stand up to their employer against unlawful discriminatoin because of their sexual orientation. The damages that can be recovered in the case of a sexual orientation lawsuit include:
- Compensatory damages, like lost wages or back pay.
- Emotional distress damages, which will be calculated based on the facts and circumstances surrounding the case.
- Punitive damages, which are meant to punish the employer for allowing such treatment in the workplace. These are awarded in severe cases.
- Attorney’s fees and court costs.
Statute of Limitations
Like any discriminaton lawsuit in California, there is a time limit in which an employee can file a lawsuit. In terms of sexual orientaiton discrimination, the lawsuit would be for wrongful termination or retaliation. In those cases, the statute of limitations is three years from the date of the adverse action.
It’s important to understand that, depending on the circumstances, statutes of limitations vary. That’s why it’s extremely vital to contact our firm as soon as possible to make sure we can help meet this deadline.
Effective Sexual Orientation Discrimination Representation in California
Suffering discrimination in the workplace because of your sexual orientation is unacceptable. Still, it happens. And when it does, you can contact an experienced California workplace discrimination lawyer such as Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian and his firm, Maison Law, takes a hands-on approach to every case and will fiercely advocate for your rights.
