LGBT Discrimination

LGBT discrimination occurs when a person is treated less favorably than another person in a similar situation because of his or her sexual gender identity or preference. Under California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including sexual orientation and gender identity. In other words, the law protects lesbian women, gay men, bisexual men and women, and transgender men and women from discrimination and harassment in the workplace. Despite the fact that LGBT discrimination is legal, such discrimination remains a problem in the workplace. It takes on a number of forms. In some cases employers refuse to hire qualified candidates or refuse to promote qualified employees for no other reason than the employers believe the candidate or employee is a gay. In other cases, employees who are members of the LGBT community are routinely harassed. Because of the protections that California law provides, employers who discriminate based on sexual orientation or gender identity face serious consequences and victims of such discrimination are entitled to compensation. If you are in need of an employment lawyer because you have suffered LGBT discrimination in the workplace it is important that you immediately contact an experienced Los Angeles LGBT Discrimination Lawyer who will make sure your employer is held accountable for violating the law.

Applicable Laws

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, employers are prohibited from discriminating against employees or applicants based on a number of attributes including gender, gender identity, gender expression, and sexual orientation. FEHA only applies to employers with at least 5 employees and is enforced by California's Department of Fair Employment and Housing.

Examples of LGBT Discrimination

LGBT discrimination in the workplace can take a number of different forms:

• Employment decisions. This includes hiring and firing decisions, as well as how an employer chooses to recruit employees.
• Benefits of employment. Employers cannot discriminate with respect to benefits of employment such as compensation, training, work assignments, benefits such health insurance and vacation benefits.
• Retaliation. The law seeks to protect those who report LGBT discrimination, or discrimination of any kind. Thus, not only is it illegal for employers to discriminate, it is illegal for employers to retaliate against employees for having complained about or reported discrimination.
• Harassment. Harassment, bullying, or isolating an employee because of gender identity or preference is a form of discrimination in violation of the law. Similarly, sexual harassment is also against the law.

Bringing an Action for LGBT Discrimination

If you suffered harassment in the workplace based on gender identity, gender expression or sexual orientation, you have the right to file a civil claim in order to hold the harassing party accountable for his or her actions. You may be entitled to compensation including back pay and punitive damages.

Under California law, in order to bring an LGBT discrimination claim the employee must be able to prove the following:

• That the employee or applicant is part of the LGBT community
• That the employee's job performance was satisfactory, or that the employee or applicant was qualified for the job and was not hired
• That the employee was subjected to discriminatory conduct, e.g. the employee was fired or harassed
• That other employees who were not part of the LGBT community were not subjected to the discriminatory actions

Statute of limitations

A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Under FEHA a complaint must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

Los Angeles LGBT Discrimination Lawyer

If you believe that your employer fired you, constructively discharged you, harassed you or in any other way discriminated against you based on your gender identity, gender expression, or sexual orientation, you should immediately discuss the specifics of your case with an experienced employment lawyer as there are time limits for filing workplace discrimination claims. Not only may the discriminating party face serious consequences, you as the victim may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving employment discrimination and other employment law violations. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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