Sexual orientation discrimination remains an ongoing issue in the workplace. LGBTQ individuals are left to face subtle bias, overt harassment, or exclusion that can harm their careers and overall well-being. Over the years, lawmakers and courts have created legal protections to bar such conduct, and ensure that everyone is given equal access to opportunities and fair treatment. Despite these rules being enforced, many LGBTQ employees are still experiencing discrimination and harassment.
Acquiring professional guidance to manage such circumstances can make all the difference. At West Coast Trial Lawyers, our sexual orientation discrimination attorneys will protect the rights of workers who are met with unjust treatment and seek remedies for losses endured. From filing complaints to court representation, we are determined to hold employers accountable and serve justice.
To book a FREE consultation, we invite you to get in touch with us by calling (213) 927-3700 or completing our quick online contact form.
Why Trust Us With Your Case?
Our legal team has extensive experience managing sexual orientation discrimination as well as other forms of workplace bias, such as employment discrimination based on national origin, gender, or age. We understand the challenges associated with these types of cases and will provide personalized assistance to ensure the results we acquire meet your expectations. With our knowledge and approach, we will get you the best possible outcome.
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What Is Sexual Orientation?
Sexual orientation refers to a person’s identity in relation to the gender or genders to which they are sexually attracted to. For instance, someone who identify as bisexual, means that they develop romantic feelings for more than one gender; a lesbian, which is when a woman is attracted to other women; or gay, in other words, a man interested in other men.
In simpler terms, sexual orientation basically covers a person’s emotional, romantic, or sexual attraction.
How Many Sexual Orientations Are There?
Some commonly noted sexual orientations include:
- Heterosexual (straight): Attracted to the opposite gender.
- Homosexual (gay or lesbian): Attracted to the same gender.
- Bisexual: Attracted to more than one gender.
- Asexual: Experiencing little to no sexual attraction.
Human sexuality is diverse, meaning not everyone will fit perfectly into these categories. Some will identify with multiple labels or personal terms that they believe fits best.
Is Discrimination Based on Sexual Orientation Illegal?
Discrimination based on sexual orientation is illegal under federal law and state law. Title VII of the Civil Rights Act of 1964 bars employment discrimination based on sex, and federal courts have interpreted this to include sexual orientation. Basically, employers are not allowed to treat a person unfairly because they are gay, lesbian, or bisexual. The Equal Employment Opportunity Commission (EEOC) enforces such protections at the federal level.
In California, this type of treatment is strictly prohibited under state laws, including the Fair Employment and Housing Act (FEHA). These rules protect individuals from facing unfair employment decisions, in addition to housing, education, and public services. Victims are entitled to pursue remedies in state courts. California also complements these protections with anti-discrimination laws in several cities and counties, providing extra safeguards to fight against bias in the workplace.
These protections intersect with certain rights, including same-sex marriage. This ensures that same-sex couples are entitled to receive the same legal rights as opposite-sex couples. The integration of marriage equality with local anti-discrimination laws pushes that sexual orientation cannot be the primary basis for unjust treatment under both state and federal rules.
What Qualifies as Sexual Discrimination?
Sexual orientation discrimination happens when employees are treated differently because of their sexual orientation, gender identity, or perceived sexual identity. This includes LGBTQ discrimination, where people are denied equal opportunities or fairness simply because they are part of the LGBTQ community.
Mistreatment can appear in hiring, promotions, pay, scheduling, or discipline. Such interactions may also contribute to a hostile work environment, which may involve offensive comments, slurs, harassment, or ongoing behavior that makes employees feel unsafe or excluded. Employers do not have to fire, demote, or cut someone’s pay for sexual orientation discrimination to exist. If employees are dealing with persistent harassment and the employer is allowing it to continue, the law can deem this as illegal.
How Often Does This Happen in the Workplace?
Research from the UCLA School of Law Williams Institute (using survey data collected in the summer of 2023) covered the scope of this particular issue. 47% of LGBTQ workers have faced discrimination or harassment at some point in their lives. About 46% are not out to their current supervisor and 21% are not out to any coworkers.
Based on the information shared, it appears that being open at work raises the likelihood of exposure to discrimination and harassment. 39% of LGBTQ employees who are out have experienced discrimination, compared with 12% of those who are not out.
On top of that, certain groups within the LGBTQ community are also met with even greater risks. For instance, 55% of trans and non-binary workers and 41% of LGBTQ employees of color have been discriminated against, compared with 31% of cisgender LGBQ workers and 27% of white LGBQ employees. Approximately 33% have quit because of the way they were being treated by their employer.
Can You Sue for Sexual Orientation Discrimination?
If you believe you have been treated unfairly because of your sexual orientation, you may be entitled to file a discrimination claim to seek remedies. Usually, this will start off with a complaint submitted to the federal government, most often through the EEOC within 300 days of the discriminatory act. You could also file with the California Department of Fair Employment and Housing (DFEH). Having either of these completed within the given time limit is important since missing them can prevent you from pursuing a legal claim in court.
Hiring an employment attorney who specializes in workplace discrimination cases can help you properly navigate this process. They will gather evidence, file your complaint, and initiate a lawsuit, if needed. Acquiring such guidance will ultimately ensure your rights are protected and will hold employers responsible for committing unlawful behavior.
What Evidence Do You Need to Prove Discrimination?
To prove sexual orientation discrimination, you will need to have evidence that shows you faced unfair treatment compared to other workers who are similarly situated. This can include documentation of denial of promotions or opportunities that were given to your colleagues who performed the same tasks. Additional proof can include:
- Emails
- Text messages
- Witness statements
- Performance reviews showing bias
Patterns of exclusion or a hostile work environment linked to your sexual orientation can also be used to support your case. The overall objective is to demonstrate that what you experienced was connected to your identity.
What Are the Remedies for Discrimination?
When it comes to sexual orientation discrimination cases, employees may be eligible to recover several remedies that address the harm they endured, including:
- Back pay: Compensates for lost wages, benefits, or promotions stemming from discrimination.
- Compensatory damages: Addresses emotional distress and pain and suffering caused by unjust treatment based on orientation or gender identity.
- Punitive damages: Punishes particularly egregious behavior and deters such conduct from occurring in the future.
In order to attain these remedies, you may need to seek the guidance of legal counsel who will step in to help collect evidence, accurately calculate damages, and pursue claims through administrative agencies or court proceedings. Such representation will help employees fully address the overall impact of discrimination.
West Coast Employment Lawyers Can Help You Seek Justice
If you think you have experienced sexual orientation discrimination in the workplace, it is important that you take action as soon as possible. One of our experienced employment lawyers can review your situation, guide you through every step of the complaint process, and advocate on your behalf to pursue remedies. With professional legal support, you can challenge unfair practices and get the justice and compensation you deserve.
To set up a FREE consultation, you can reach out to us by calling (213) 927-3700 or filling out our easy online contact form.
Frequently Asked Questions About Sexual Orientation Discrimination Claims
Do Employers Have a Duty to Protect Their Employees from LGBTQ+ Discrimination?
Employers are given a legal duty to ensure equal protection in the workplace and prevent discrimination based on sexual orientation and gender identity. This includes taking effective steps to prevent harassment and ensuring that employees are not met with unfair treatment. Employers should establish policies, provide training, and investigate complaints in a timely manner to bar such conduct from persisting in the workplace.
If they fail to act promptly, employees may face adverse employment decisions, like being passed over for promotions, denied pay raises, or even terminated from the workplace. With that said, it is important for employers to maintain a safe environment for workers to feel secure in. Creating such a space is not just good practice, but it is also a legal obligation.
Can You Refuse Service Based on Sexual Orientation?
Businesses cannot refuse to provide service based on sexual orientation. For instance, denying medical services to someone because they are involved in the LGBTQ community may constitute healthcare discrimination. California law ensures that LGBTQ individuals are given the same quality of service as anyone else.
Under the Unruh Civil Rights Act (Civil Code § 51) guarantees equal access to all business establishments regardless of a person's sexual orientation or gender identity. FEHA also shields LGBTQ individuals from discrimination in public accommodations.
Ultimately, these laws make it clear that refusing to provide service to someone because of their sexual orientation is prohibited. Anyone who experiences such treatment may have grounds to pursue legal action to protect their rights.
Is a Sexual Orientation Discrimination Lawsuit Worth It?
A discrimination lawsuit can be worth it since it will help you recover lost wages, compensation for harm, and punish harmful conduct. It can also hold employers accountable and encourage positive changes to the workplace. Lawsuits can be stressful and may require a lot of time.
But, working with an experienced employment attorney can help smoothen the overall process. They will evaluate your situation, meet legal deadlines, and obtain evidence to strengthen your claim.
What Are the Odds of Winning a Discrimination Lawsuit?
The odds of winning a discrimination lawsuit will depend on various factors, such as the evidence you gathered, the seriousness of the employer's conduct, and how clearly discrimination can be associated with the treatment you received at work.
Cases with thorough documentation, like witness statements and job performance records, may give a higher chance of success. Acquiring legal guidance can improve your likelihood of a favorable outcome, ensuring the case is being properly managed and deadlines are met.
Can I Be Fired For Reporting Sexual Orientation Discrimination?
Employees in the state of California cannot be retaliated against for reporting sexual orientation discrimination in the workplace. This is considered wrongful termination, which is a violation of FEHA rules and an employee may be entitled to file a lawsuit for wrongful termination.
FEHA offers protections for any employees who were retaliated against for:
- Filing a sexual orientation discrimination claim.
- Reporting sexual orientation discrimination or harassment.
- Taking steps to oppose harassment in the workplace.
- Aiding with sexual orientation discrimination investigations.
