Sexual Orientation Discrimination in the Workplace (California)

Are you or someone you know facing sexual orientation discrimination in the workplace in California? Unfortunately, such discrimination can be common.

Read on to discover some things you may not know about sexual orientation discrimination in the workplace in California.

Employment Discrimination Based on Sexual Orientation is Illegal in California

Sexual orientation is not a protected class federally, so for purposes of federal employment law, employment discrimination on the basis of sexual orientation is not actionable. However, California has passed more exacting laws that make sexual orientation discrimination and harassment actionable at the state level.

Perceived Sexual Orientation Counts

It does not matter for the purposes of employment discrimination whether the sexual orientation is real or perceived. For example, if an employer discriminates against an employee because the employer thinks the employee is gay, it is not a defense for the employer if the employee is straight.

It is Not Just a Refusal to Hire

There are many types of discriminatory actions that can be taken. Firing or discharging an employee may be discrimination on the basis of sexual orientation. So might refusal to select a person for a training program, discriminating against a person in compensation or conditions of employment, providing reduced or inferior benefits, or assigning inferior work duties.

Sexual Orientation Discrimination is Not the Only Thing That is Banned

It is also unlawful employment practice to discriminate against a person based on the person’s gender identity or gender expression. Discrimination based on sex also includes a person’s gender. This includes a person’s gender identity and gender expression. Gender expression is a person’s gender-related appearance and behavior and is not necessarily based on the person’s sex assigned at birth.

What Damages Might You be Eligible for?

There are several types of damages or forms of compensation to which you may be entitled if it is found that you were discriminated against on the basis of sexual orientation. Back pay and benefits, pension benefits, bonus payments, higher income from a promotion or raise, etc. might all be types of compensation to which you are entitled if you have experienced discrimination on the basis of sexual orientation.

What Should You do?

If you believe you have been the victim of sexual orientation discrimination in the workplace, there are things you can do. You can start by filing a sexual orientation discrimination complaint with the California Department of Fair Employment and Housing (DFEH). You can file a sexual orientation discrimination complaint directly with the DFEH. This involves submitting a pre-complaint inquiry within one year of the last incident of discrimination, harassment, or retaliation. The complaint can be filed online, by phone, or using the form from the DFEH website. Generally, you must exhaust your administrative remedies before bringing a lawsuit against the employer. However, your attorney may circumvent this process. That is just one reason it may be useful to hire an attorney to pursue your claim in court. Consider searching for an attorney with experience handling work discrimination cases.