Lesbian, Gay, Bisexual, Transgender (LGBT) Employment Discrimination in the California Workplace
California is one of the two states in the country with the highest concentration of lesbian, gay, bisexual, and transgender people in the workplace, and our state has laws to protect against discrimination based on both sexual orientation and gender identity. The California Fair Employment and Housing Act prohibits all discrimination based on sex, including discrimination in firing, failing to hire, or discriminating in any manner against an employee with respect to compensation, benefits, working conditions, terms or conditions of employment because the employee is a man or a woman or because the employee fails to conform to some stereotype or expectation of how a man or a woman should act, or because the employee undergoes gender reassignment.
Sexually Hostile Working Environment Claims
A LGBT person who is subjected to taunts or attempts at intimidation related to his or her sexuality at work may be able to bring an action against the employer for allowing a sexually hostile environment, for sexual harassment, or for gender discrimination. Gender discrimination refers to discrimination based on the belief that someone does not conform to gender-related societal norms of behavior, for example discrimination against a man who exhibits behaviors or functions in some role that society generally associates with women. A woman, likewise, may not be harassed or subjected to discrimination for acting “unfeminine.”
Getting Legal Representation
If you have been subjected to discrimination in your job based on your sexual orientation or gender identity, or if your work environment has become seriously and persistently hostile, you may have grounds for a claim against your employer to recover compensation for the damages you have suffered as a result. These might include lost earnings and benefits, damage to future earning potential, emotional distress, pain, and suffering, and others. This is best accomplished with the representation of a San Diego employment attorney with experience and sensitivity to the unique challenges the LGBT community often faces in the workplace.
The employment lawyers at Zeldes Haeggquist & Eck in San Diego are skilled at assisting people with discrimination and sexual harassment claims related to their sexual preference or gender identity. We firmly believe in the human rights and dignity of every individual in the workplace and in the whole of society.
Call today to schedule a free, no obligation consultation about your employment situation. We will fight on your behalf to see that justice is served.