LGBT Discrimination Lawyer

Are you facing workplace discrimination due to your sexual orientation? Are you being harassed or victimized for calling out workplace homophobia?

There is no federal law in the United States that directly forbids private-sector from discriminating against its employees based on their sexual orientation. The Title VII of the Civil Rights Act of 1964 neither speaks about orientation nor gender identity. However, the Supreme Court has held that Title VII prohibits discrimination in the workplace by offering protection to employees not conforming to the traditional sex stereotypes. Based on this ruling, several courts have established that LGBT discrimination is effectually illegal under federal law and several states enacted laws to protect the LGBT community.

The EEOC (Equal Employment Opportunity Commission) is a federal agency that is responsible for enforcing Title VII of the Civil Rights Act of 1964. As per law, Employment discrimination includes discrimination against employees or potential employees based on their race, sex, religion, nationality, age, and physical and mental disability. Each state laws vary on what makes up a hostile work environment.

If you or your family member has been discriminated against because of their sexual orientation or gender identity, the California law prohibits discrimination based on sexual orientation or gender.

In a work organization, LGBT Discrimination can be seen even at the top levels of management in the organizations. Employers should be concerned with the qualification and ability of a person to take up a job or perform certain duties. Similar to most of the discrimination issues at a workplace, the sexual orientation or gender of a person cannot be used to discriminate an employee. Whether a person is lesbian, gay, bisexual or transgender, the sexual orientation or gender identity of a person does not determine the ability or inability of a person to perform his/her duties at work.

It has been observed that a number of organizations, especially the police and fire departments are supposed to be socially conservative and are not ready to accept easily people who according to them have different sexual orientation. Individuals who testify against LGBT discrimination are also shunned at work and they face retaliation from others. People belonging to the LGBT community are victims of discrimination and harassment at their workplace.

LGBT discrimination law is applicable to an employee who has been a victim of an “adverse employment action” because of his/her sexual orientation. An adverse employment action is an action which has huge impact on the working conditions of employment, like:

• Termination of employee because of his sexual orientation
• Not hired after knowing about the candidates sexual orientation
• Withdrawing a job offer after knowing about the candidates sexual orientation
• Not offering a promotion to an LGBT employee and handing it over to someone who is less qualified
• Discrimination in the pay structure or company benefits
• Keeping the LGBT employee away from team lunches, management retreats etc.

The Californian law can only be imposed if the employees can prove that they were victims of adverse employment action because of their LGBT status. (Sexual orientation)

The California anti-discrimination law prohibits discrimination basis of sexual orientation. The law protects the rights of the LGBT community. The Californian LGBT discrimination laws are more stringent and in favor of the LGBT employees as compared to the federal laws.

If you or your family member has been a victim of LGBT discrimination, do not hesitate contact our team of experienced employment discrimination attorneys at Khashan Law Firm for a free, confidential consultation.

We have successfully represented members of the LGBT community who have been victims of harassment or wrongful termination because of their sexual orientation. If your employer has treated you unfairly because of your LGBT status, we are here to help you. Contact us at (951) 461-2387 to file a claim against your employer for discrimination in the workplace.

The Southern California Personal Injury Lawyers at Khashan Law represents clients injured by dog bites, car accidents, workplace accidents, accidents on another’s property, medical malpractice, and wrongful death cases. If you think you may have a personal injury case, please do not hesitate to seek the expert legal assistance you need to make things right. It costs nothing to call us, costs nothing for a consultation, and costs nothing to get us started looking out for your rights if we agree that you have a solid case.

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