Los Angeles Gender & Orientation Discrimination
Your gender identity and sexual orientation are two very personal things. Unfortunately, many employers end up making these public issues and harass and discriminate against people on the basis of their gender identity or sexual orientation. In California, this is entirely illegal. If you believe you’ve been discriminated against on this basis, you should contact a Los Angles employment attorney right away. You should never permit this type of behavior. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.
Discrimination Based On Sexual Orientation Is Illegal
In California, the California Fair Employment and Housing Act (FEHA) makes it illegal for an employer to discriminate against you on the basis of your gender or sexual orientation. Additionally, it’s illegal for your employer to discriminate against you based on what they perceive your gender or sexual orientation to be. For example, if an employer discriminates against you because they believe you’re gay, this is illegal even if you do not identify as gay. The employer cannot evade liability by providing evidence that you aren’t gay. The FEHA applies to all employers with five or more employees.
What Is Illegal?
It is illegal for your employer to engage in any of the following activities on the basis of your sexual orientation:
- Refusing to hire you
- Demoting you
- Failing to promote you when it’s deserved
- Harassing you
- Forcing you to quit
- Refusing to provide benefits when they provide them to other similarly situated employees
- Discriminating against you in any manner
Document, Document, Document
One of the most important actions you can take if you believe you’re being discriminated against as a result of your gender or sexual orientation is to document absolutely everything. You want to collect as much evidence as possible. If you’ve ever received anything in writing that helps to show that you are being discriminated against, make copies and keep it somewhere safe. Additionally, it’s a good idea to keep a journal of all of your experiences. It can be easy to forget things or to misremember them, so taking notes can be crucial once you decide to file a lawsuit.
Protections For Transgender Employees
It’s important to know that your employer also cannot discriminate against you or harass you because you are transgender. Additionally, your employer cannot discriminate against you for deciding to transition or come out at work.
Most employers are bound by laws that prohibit discrimination and harassment based on gender and sexual orientation. However, some employers are exempt from discrimination laws protecting sexual orientation.
- Churches, mosques, and other religious organizations are exempt from laws intended to protect people based on their sexual orientation.
- Employers with less than five employees are not bound by anti-discrimination laws regarding sexual orientation.
Discrimination and Harassment Are Entirely Unacceptable
If you’re being discriminated against or harassed because of your gender or sexual orientation, this is completely unacceptable, and your employer should be held accountable immediately. You should never tolerate this behavior. It is disgraceful and creates an incredibly toxic work environment for you and the people around you. Sessions & Kimball has been helping to protect people of all genders and sexual orientations for decades. Contact our office by using our online contact form or call us at (949) 380-0900 for a free consultation today.