Sexual orientation discrimination focuses on job applicants and workers based on their sexual orientation (heterosexual and LGBTQ+ members). Your sexual orientation is your choice, and you have the same rights to equal civil entitlements, worth, and dignity as employees with other protected characteristics under the law, like race and disability. Sharing it should not result in workplace discrimination like adverse treatment, harassment, wrongful termination, or retaliation.
If you are a victim of discrimination in California, the skilled legal team at Sexual Harassment Attorney can help you. We can help you understand the complicated state and federal laws and use the best laws based on your case facts and specific needs. We can file the case within the required deadline and complete the relevant paperwork for you to ensure the case is heard.
A Deep Dive into Sexual Orientation Discrimination on the Job
Under the California Employment and Housing Act (FEHA), an employer cannot discriminate against an employee based on their actual or perceived sexual orientation.
Discrimination occurs if your actual or assumed sexual orientation is a significant motivating factor in an employer taking a harmful action against you, including:
- Refusing to employ you
- Discharging or firing you without merit
- Denial of entitled compensation fair demotion
- Offering you inferior or reduced benefits
- Allocating you inferior job duties
- Declining to select you for training programs
- Denial of merited promotion
Sexual orientation is the gender you are most attracted to sexually or romantically. Sexual orientation can be homosexuality (sexual attraction towards the same gender), heterosexuality (attraction to the opposite gender), pansexuality (sexual attraction to binary and nonbinary males and females), and bisexuality (attraction to both genders).
Sexual orientation discrimination is the bias against employees who are LGBTQ (lesbian, gay, bisexual, transexual, and queer or questioning) on the job when the discrimination alludes to their sexuality, whether real or perceived.
The perpetuating of sexual orientation discrimination can be by a heterosexual employer against an LGBTQ staff or vice versa.
Instances of discrimination involving sexual discrimination are as follows:
- Adverse employment actions related to real or perceived sexual orientation, including denial of promotion or termination of employment
- A denial of access to the company’s resources, which are available to other employees, including educational and training opportunities and job benefits
Scenarios that create a toxic work environment include the following:
- Sexually explicit gestures
- Unwanted or inappropriate sexual advances
- Threats and intimidation linked to your sexual orientation
- Sexist jokes or slurs, primarily if used consistently or repetitively
Acts of discrimination usually start small, escalating over time to more serious adverse actions, including wilfully inflicting mental or emotional stress, invasion of privacy, and physical assault.
You may decide to keep your sexual orientation private because nothing mandates you to reveal this personal information to an employer. However, when you experience sexual orientation discrimination on the job, you should disclose your sexual orientation to your employer. Your employer may claim they were unaware of your sexual orientation and cannot resolve your discrimination complaint.
Federal Law Protections
Federal law also outlaws discrimination on the job based on sexual orientation, though not expressly. Title VII of the Civil Rights forbids sexual discrimination, and the Supreme Court ruled that sexual orientation discrimination violates the prohibition on discrimination due to sex law. Title VII applies to employers with at least fifteen employees.
The Equal Employment Opportunity Commission handles all complaints involving workplace discrimination. Suppose you believe your employer has subjected you to an adverse work environment, unwarranted employment action, or other biases based on your LGBTQ+ status. In that case, you can begin the legal procedure by filing a discrimination complaint with the EEOC.
The EEOC complaint process starts when you visit the EEOC office or call the agency via telephone or email. Contacting the agency about potential violations of federal laws related to job discrimination starts your claims process.
Here is a chronology of your EEOC discrimination charges:
- After filing your discrimination charge with the EEOC office, the agency will send your employer a notice within 10 days
- The agency starts an investigation to determine whether there is cause supporting your discrimination allegations
- The agency finds cause—If the agency determines your employer discriminated against you, conciliation will begin (a technique of resolving the conflict between you and your boss without proceeding to court). If there is no cause, you can review the decision within 14 days.
- You and your boss will settle after conciliation. If you disagree, the EEOC will issue a “right to sue” letter or bring a lawsuit in court for you.
EEO Regulations Apply to Private and Public Employers
Title VII and the Americans with Disabilities Act (ADA) cater to all employers, private, state, and federal governments, and learning institutions with fifteen or more workers. These regulations also apply to public and private agencies, labor unions, and labor-management commissions for apprenticeship and training.
The Age Discrimination Employment Act (ADEA) covers private companies with twenty or more workers, local and state governments, employment authorities, and labor unions.
The Environmental Protection Agency (EPA) oversees all employers under the Fair Labor Standards Act. Employers must satisfy the statutes of this act.
Title VII, EPA, and ADEA also apply to the U.S. federal government, which is also covered by the Rehabilitation Act of 1973, Sections 501 and 505, as amended to satisfy the legal demands of ADA. Nevertheless, different measures exist to process discrimination complaints at the federal level.
The Civil Service Reform Act (not under EEOC) covers most federal employees except government corporations, the Federal Bureau of Investigations (FBI), the Defense Intelligence Agency (DIA), the National Security Agency (NSA), and the Central Intelligence Agency (CIA).
EEOC and Sex Discrimination
Equal Employment Opportunity Commission has two laws to safeguard you from sex discrimination at the workplace (including when applying for your job). They are as follows:
- Title VII of the Civil Rights Act bans a company from treating a person less favorably or differently based on sexual orientation, gender identity, or pregnancy. The law makes it illegal to make employment decisions founded on stereotypes about traits and abilities related to gender. Finally, Title VII bans employment discrimination based on sexual orientation or gender identity basis. Please note these rights apply even when local or state laws have different positions.
- Equal Pay Act — The Act requires companies to pay female and male workers equally for equal responsibilities. In other words, your employer should pay women and men equally for performing significantly the same task at the same workplace.
According to the EEOC, sexual harassment includes sexual behavior, LIKE sexual touching, photos, or jokes, or requesting sexual favors, and non-sexual conduct based on your gender, like comments that women or men do not belong in specific jobs or comments casting doubt on women’s or men’s abilities or skills.
The law also safeguards you from your supervisor, a supervisor in a different place, a colleague, or a client harassing you. Your harasser can be from a different sex or your sex.
Moreover, the law protects you from being harassed or punished at your workplace because you or your loved one complained about discrimination based on sexual orientation. You have a right against retaliation.
Evidence to Win Your LGBTQ+ Discrimination Claim and Damages to Recover
If the employer does not take firm action or fights back against you for reporting the discrimination incident, file a formal complaint with the EEOC or the DFEH.
Consider consulting an experienced sexual orientation discrimination attorney to receive more insight into whether you are facing an unlawful employment practice and if there are legal actions that can remedy the situation.
To recover compensation, you need evidence. In a discrimination case, evidence can be direct or circumstantial.
- Direct evidence —Direct proof shows discrimination without presumptions or inferences. It directly demonstrates a fact. Direct proof is the best form of proving sexual orientation discrimination on the job.
- Circumstantial evidence — Job discrimination cases mainly consist of circumstantial evidence. Circumstantial proof indirectly proves the case facts.
These forms of evidence are readily available to an employee facing discrimination, but other forms of evidence may be challenging to collect by yourself. Your seasoned lawyer can help you gather all relevant evidence.
Evidence that can prove sexual orientation discrimination on the job includes the following:
- Formal complaints — Maintain the internal reports between you and the human resources department.
- Salary disparity — Record your pay disparities
- Emails and text messages — Save the communications records proving your discrimination.
- Promotion records — Compare your promotions with those of your colleagues in similar roles.
- Colleagues statements — Obtain written statements from co-workers who witnessed your sexual orientation discrimination.
- Medical records — Obtain documentation if workplace discrimination has caused health issues.
- Proof of retaliation — Compile detailed documentation proving all forms of retaliation against you after initially reporting the incident to your employer.
Elements Of a Sexual Orientation Discrimination Claim On the Job
Before filing a sexual orientation discrimination claim, you should prove the following:
- You are a member of a specific sexual orientation
- You are qualified for the job or position
- You were subjected to an adverse employment decision, for example, a discharge based on your sexual orientation.
- Your replacement was someone of a different sexual orientation
Recoverable Damages and Remedies
You are entitled to several recoverable damages if your discrimination claim is successful, including:
- Reinstatement or rehiring and promotion
- A change in the company’s policies
- Compensatory damages — Compensatory damages seek to reimburse an employee for emotional distress or financial losses experienced through discrimination. They can include medical costs, lost wages, therapy expenses, and pain and suffering damages.
- Attorney fees and expenses of a lawsuit — Following a successful sexual orientation discrimination case, you can recover attorney fees and litigation expenses. The provision of awarding legal costs encourages employees to hire legal counsel, even if they have concerns about legal expenses relating to their case.
- Punitive damages — If the claim involves malice, you could be awarded punitive damages to punish the employer and deter similar conduct.
The California Department of Fair Employment and Housing also imposes administrative fines if an employer violates the discrimination laws.
How to File a Discrimination Complaint With the DFEH
With the assistance of your attorney, here are the steps to take:
- Submit a complaint inquiry— Your attorney will submit the complaint form to the DFEH to address your concerns and obtain a case evaluation. The DFEH procedure is to determine whether a formal complaint is warranted.
- Official complaint — If the DFEH determines your complaint is warranted, your legal counsel will file an official complaint with the DFEH outlining the details of the discrimination.
- Dispute Resolution (Mediation) — The DFEH prioritizes mediation, allowing you and your employer to negotiate a settlement. The legal matter will advance to other legal channels if dispute resolution is unsuccessful. Mediation often helps find a middle ground and achieve mutually acceptable solutions.
- Investigations — If the employee and the employer cannot agree to a mutually acceptable settlement, the DFEH will conduct an investigation, which could take months, resulting in the dismissal of the complaint or the DFEH issuing you a Right to Sue notice.
- Right to Sue Notice — If the DFEH does not litigate, it issues a Right to Sue notice, permitting you to seek legal redress in court.
Timelines for Filing a Discrimination Claim
If you have experienced discrimination in the workplace, depending on the legal route you choose to take, the deadlines are as follows:
- EEOC — You should file your complaint with the EEOC within 300 days of the last discrimination incident.
- DFEH — You should file your discrimination complaint with the DFEH within a year of the last incident.
If you choose not to file a discrimination complaint with any of the agencies listed above, you could file an independent complaint against your employer by immediately consulting a sexual orientation discrimination lawyer who understands the proper steps to take.
Importance of Hiring A Knowledgeable Attorney
You should not face the legal process alone. You need a seasoned sexual orientation discrimination attorney. Here are reasons why self-representation is a wrong idea:
You Require a Professional Case Assessment
Not every unfair treatment on the job is discrimination. Some supervisors and managers are mean or unfair. For a claim to qualify as discrimination, you must be a member of a protected group under state and federal anti-discrimination laws. You should also prove that your employer committed an adverse action against you. A proven lawyer can review whether your employer’s conduct constitutes discrimination in the workplace.
There Are Strict Deadlines
Most state and federal employment discrimination regulations could apply in your case, each with strict deadlines for filing a discrimination complaint. Your lawyer has legal expertise on which rules apply in your matter and can file your claim timely.
A Lawyer Provides a Cost-benefit Analysis
To find out whether it is in your best interest to file a lawsuit, a knowledgeable lawyer will help you evaluate the financial viability of the suit. They will provide a detailed analysis of the merits and demerits of your discrimination claim, potential legal costs, including discovery, trial costs, and the full amount you may expect to receive in a negotiated settlement or trial.
Gathering Evidence
Demonstrating that you suffered discrimination on the job can be highly difficult because your discrimination may have been subtle, and your employer cannot admit to engaging in these unlawful practices. Your lawyer has experience collecting evidence, including taking witness dispositions and subpoenaing. That way, you increase your chances of prevailing in your case and acquiring the discrimination compensation you deserve.
An Attorney will Include Every Detail When Compiling and Filing Your Lawsuit
With an experienced lawyer, you can correctly file your discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Your lawyer can help you comprehensively explain your employer's adverse conduct that you believe violated the law so that the discrimination complaint can be investigated.
Pitfalls to Avoid
Filing a complaint with the DFEH or EEOC may seem easy, but it could present severe difficulties without the appropriate legal guidance. Sometimes, judges can permit the initial complaint filings to be used as proof against an employee or dismiss lawsuits due to omissions or mistakes.
Lawyers defending the defendants capitalize on perceived contradictions or inconsistencies in an employee’s testimony and the details in the charge, utilizing them to cast doubt on the employee's credibility in court. Most employees fill these forms without legal assistance, making them vulnerable to unintentional omissions or errors that could weaken their case later.
Consequently, contacting a sexual orientation discrimination lawyer helps you avoid potential pitfalls. Do not underestimate the significance of these filings because they could become a crucial part of proof that supports or undermines your charge. Therefore, to prevent costly errors, set aside time to obtain professional legal evidence before your claim.
How Long Does Your LGBTQ+ Discrimination Claim Take to Settle?
It is hard to determine how long your lawsuit will last. Sometimes, claims are settled before filing anything with the DFEH and EEOC. Other times, cases undergo litigation until the judge makes the final judgment.
Your case circumstance and your employer will determine the case’s length. If the company wants to settle fast, your lawyer should help you resolve the issue in months. Nevertheless, if the company refuses to settle, the case can last years until the judge makes the final judgment.
Find Compassionate Legal Representation Near Me
Suppose you have been fired, demoted, or harassed based on sexual orientation. In that case, you can recover compensation for emotional damages, lost wages, attorney fees, and litigation costs and return to your employment. You can also receive punitive damages if your employer acted with malice. As with all claims in California, you must understand the law and file the claim timely to receive compensation. Sexual Harassment Attorney can review your claim to check whether you are eligible for compensation and guide you throughout the legal process. Please contact us at 800-905-1856 to initiate the process.
