Threats or Violence Based on Sexual Orientation

Generally speaking, when people go to work they expect to be safe. Employees expect to perform their duties as described in their job descriptions, and then go home. However, oftentimes employees have to face challenges such as discrimination based on sexual orientation. Workplace sexual orientation discrimination can take many forms. One of the most troubling forms of discrimination occurs when an employee is threatened or faces acts of violence simply because of his or her sexual orientation. When an employee is threatened in the workplace or is attacked in the workplace simply because of his or her sexual orientation, the result is that the workplace becomes hostile for the victim. Threats or violence in the workplace based on sexual orientation are both types of discrimination that violate California law. Those who discriminate against others in the workplace based on sexual orientation face serious consequences such as being required to pay their victims significant compensation. If you have been the victim of threats or violence in the workplace based on your gender and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Threats or Violence Based on Sexual Orientation Lawyer who will review your claim and explain the process for making sure the person who harassed you is held accountable.

Making threats against an employee or committing an act of violence against an employee is a violation of California’s Fair Employment and Housing Act (FEHA). FEHA is one of the country’s strongest state anti-discrimination laws designed. FEHA makes it illegal to discriminate against employees on the basis of several individual characteristics including gender. FEHA is enforced by California's Department of Fair Employment and Housing.

While federal law does not specially prohibit harassment based on sexual orientation, such protection is implied under Title VII of the Civil Rights Act of 1964. For example, if CEO threatens to rape an employee if she refuses to go on a date with him, the employee would reasonably feel that the CEO created a hostile work environment. Thus, the CEO could be liable for sexual harassment under Title VII.

Threats. Threats against employees based on sexual orientation can occur in a number of different ways, including the use of threatening words, leaving threatening cartoons or images, displaying threatening objects or weapons, or displaying a physical threat such as raising fists in an intimidating manner.

Violence. Acts of violence in the workplace based on sexual orientation can include a wide range of actions. For example, assaulting, raping, or stalking can all be types of violence committed against an employee based on that employee’s sexual orientation.

If you are the victim of threats or violence at work based on your sexual orientation, you have the right to bring a claim against the person who threatened you or hurt you. In some instances, your employer may also be held liable. You may be entitled to several different types of compensation. For example, the court may award you back pay including overtime, commissions, merit increase, cost-of-living increases, and tips as well as lost vacation pay, retirement benefits, and health care benefits. You may also be entitled to punitive damages. Punitive damages are awarded in cases where the court finds that the defendant was particularly malicious in his or her discriminatory, harassing or retaliatory actions.

In addition, your employer may be required to implement new policies to help prevent harassment and other discriminatory actions in the future.

Threats and actual violence may also amount to crimes. Thus, the person who threatened you or hurt you may be subject to criminal prosecution.

If you have been the victim of sexual orientation-based threats or violence in the workplace it is critical that you discuss the specifics of your case with an experienced employment lawyer. Not only may the discriminating party face serious consequences, you may be entitled to compensation such as back pay and punitive damages. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. 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.