Sexual Orientation Discrimination Lawyers-Shegerian Conniff

Sexual Orientation Discrimination Laws

Out of the 50 states, 21 have passed laws to protect workers from sexual orientation discrimination in the workplace. Eighteen states, along with the District of Columbia, have laws regarding gender identity discrimination. Although not every state has these laws in place, many cities and counties across the country do have laws that prohibit this discriminatory behavior. Individual employers can also create policies to prevent and punish sexual orientation discrimination at their discretion.

California is one of the many states to adopt sexual orientation discrimination laws. Under California law, sexual orientation is defined as heterosexuality, homosexuality or bisexuality. Employers are prohibited from discriminating against you because of your true sexual orientation or what they perceive your sexual orientation to be. For example, if an employer treats you unfairly because he believes you are homosexual, but you are actually heterosexual, this is discrimination even though you are not homosexual.

Employees have the right to work without facing discrimination because of their sexual orientation. Federal and California laws provide important protections against workplace discrimination based on sexual orientation, gender identity, and gender expression.

If you believe you have experienced sexual orientation discrimination at work, an employment attorney in Los Angeles can help you understand your rights and potential legal options.

California’s Fair Employment and Housing Act (FEHA)

FEHA is the legislation that prohibits employers from discriminating against employees because of their gender, gender expression, gender identity, or sexual orientation. Under FEHA, employers cannot take someone’s gender or sexual orientation into consideration when making any job-related decision such as who to hire, fire, promote, demote or assign to a new position. Employers also have a legal obligation to step in and prevent sexual orientation discrimination from occurring in the workplace through educational trainings.

Proving Sexual Orientation Discrimination

Proving workplace discrimination depends on the facts and the legal theory involved. Evidence may include comments made by supervisors or coworkers, emails and messages, changes in treatment after an employer learned or assumed an employee’s sexual orientation, employment records, performance reviews, or differences in how similarly situated employees were treated.

An employee generally must show that a protected characteristic played a role in the challenged employment action. The specific requirements for proving a claim can vary depending on the applicable law and circumstances.

For example, if an employee is denied a promotion and believes sexual orientation played a role in the decision, relevant evidence could include discriminatory comments, inconsistent explanations for the decision, or evidence that similarly qualified employees were treated differently.

A Los Angeles employment attorney can review the available evidence and help determine whether the circumstances may support a discrimination claim.

Examples of Sexual Orientation Discrimination

Sexual orientation discrimination may include:

Refusing to hire someone because of their sexual orientation
Terminating or demoting an employee because of their sexual orientation
Denying an employee a promotion because of their sexual orientation
Treating an employee differently because of their actual or perceived sexual orientation
Making offensive or discriminatory comments about an employee’s sexual orientation
Allowing coworkers or supervisors to engage in unlawful harassment
Retaliating against an employee for reporting discrimination or harassment
Creating different workplace conditions because of an employee’s sexual orientation

Help for Sexual Orientation Discrimination Victims

Sexual orientation discrimination can have serious professional and financial consequences. Employees may also hesitate to report discrimination because they are concerned about retaliation or how their employer or coworkers may respond.

If you believe you have been discriminated against because of your sexual orientation, consider preserving relevant communications and documenting incidents involving discriminatory treatment.

The Los Angeles employment attorneys at Shegerian Conniff represent employees facing discrimination, harassment, retaliation, and other workplace violations. An employment lawyer can review your circumstances and help you understand your potential legal options.

Contact Shegerian Conniff Today

If you believe that you are a victim of sexual orientation discrimination, don’t hesitate to contact Shegerian Conniff for a free legal consultation. We are committed to ensuring that all individuals are treated fairly in the workplace and are here to support you in seeking justice against any wrongful treatment you may have endured. Your rights matter, and we are here to defend them. Contact us today to schedule a free legal consultation and take the first step towards justice.