February 27, 2023
Your sexual orientation or gender identity should not be a factor in decisions regarding whether an employer will hire you, treat you fairly, or terminate your employment. Whether one is lesbian, gay, bisexual or transgender has nothing to do with the competence for performing duties at work.
Discrimination against the LGBTQ community is unlawful. California’s Fair Employment and Housing Act maintains that no employer may discriminate regarding hiring, firing, pay; assigning roles within the organization; or advancing within career progression schemes – all based on gender identity or expression.
In other words, employers cannot unfairly single out LGBTQ employees for unfavorable treatment simply because they are gay/lesbian/transgender/bisexual!
How to Recognize LGBTQ Discrimination in the Workplace?
LGBTQ discrimination can take many forms, including but not limited to the following:
● Refuse to hire employees who are or are identified as LGBTQ
● Withdrawing a job offer after knowing the candidate identifies as LGBTQ
● LGBTQ employees are paid less than other employees
● Providing LGBTQ employees with fewer benefits than other employees
● Not promoting employees based on their gender, gender identity, gender expression, or sexual orientation
● Promoting low-skilled employees over high-skilled employees who identify as LGBTQ.
● Deny LGBTQ employees training, mentoring, or education.
● Use of insulting or offensive language regarding or towards LGBTQ people. Dismiss an employee because of their gender, gender identity, gender expression, or sexual orientation.
What You Can Do Now About LGBT Discrimination at Work: Few Important Tips
If you think you have a claim of LGBT discrimination, there are several steps you can take to protect yourself and your legal rights.
Record the discriminatory actions you have experienced, along with their dates, places, and times. Ensure this log is stored at home or in a secure location; do not leave it in your office!
● Report It In Writing
Many employers have policies regarding LGBT discrimination in their employee handbooks. If your employer does this, please follow the steps in our guide to reporting LGBT discrimination and harassment.
If your employer does not do this, file a report with your manager or Human Resources. This report can be short and formal. Email works fine.
● Keep Records of All The Wrongdoings
Maintain a log of any emails that you have sent or received from your employer regarding your complaint. Also, make sure to secure copies of all emails and other documents (e.g., communications or materials) that you possess related to allegations – whether substantiated or merely suspected – alleging discrimination against yourself based on race, color, sex/gender identity/expression; as well as harassment directed toward any person perceived through their characteristics (such as age).
Keep these records at home so they can be accessed easily if they need further review later on, and do not bring them with you when working in an office environment!
● You Must Not Quit
Being the victim of LGBT discrimination in the workplace can be a traumatizing experience. However, those who decide to quit before bringing it to their employer’s attention will find it more challenging to succeed in a lawsuit if they want legal recourse.
To make matters worse, tense working environments can induce anxiety and stress that may necessitate professional assistance from an experienced employment attorney – one who knows how best to protect your rights should you encounter such circumstances at work.
● Take Care of Yourself
If you are in an emotional crisis, such as anxiety or depression triggered by LGBT discrimination or harassment, seek professional assistance.
● Contact An Experienced LGBT Discrimination Lawyer
Contact an attorney with experience dealing with California employment law to schedule a free, confidential consultation.
Everything You Need to Know About LGBTQ Discrimination Law
Under California’s Fair Employment and Housing Act (FEHA), employers are prohibited from terminating, harassing, or discriminating against any employee due to the employee’s actual status of gender, gender identity/expression, or sexual orientation.
California law offers comprehensive protections for LGBTQ individuals, affording them protection from discrimination and harassment in the workplace.
FEHAs anti-discrimination provisions apply to all California employers with five or more employees; even non-LGBTQ workers are shielded from employer actions that relate to their association with someone identified as part of the LGBTQ community.
California’s FEHA, or Fair Employment and Housing Act, does not yet bolster LGBTQ workers from experiencing unlawful discrimination in the workplace.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees based on sex; race; color; national origin; and religious affiliation. It also applies to companies with 15 or more workers.
While federal courts have affirmed that Title VII prohibits discrimination against LGBTQ workers, the Department of Justice under the current administration has taken a different stance on this issue.
Given the current uncertainty of federal protections, California gay rights attorneys prefer to file LGBTQ discrimination claims under California law
Protect Yourself From LGBTQ Discrimination With The Experienced Attorney
If you or a member of your family has been affected by LGBT discrimination, don’t hesitate to contact the team at Khashan Law Firm for a free consultation. Our lawyers are experienced in employment discrimination matters and will provide support during this difficult time.
We have been successful in negotiating benefits for members of the LGBT community who have been victims of discrimination at work. If you feel that your employer has mistreated you because of your sexual orientation, contact us today to file a claim against them!