Your sexual orientation or gender identity should have no bearing on whether an employer hires you, treats you fairly or terminates you. Whether you are lesbian, gay, bisexual or transgender has nothing to do with your ability to perform a job.
LGBTQ discrimination is unlawful. California’s Fair Employment and Housing Act prohibits workplace discrimination based on gender, sexual orientation, gender identity, and gender expression at every stage of employment. What’s that mean? That means that, when it comes to hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits, an employer cannot discriminate against you because you’re LGBTQ.
If you suspect an employer wrongfully fired you, denied you a job, or has otherwise discriminated against you because of your gender, sexual orientation, gender identity or gender expression, we encourage you to contact us to see how we can help. You may be entitled to compensation. We will evaluate your claims, explain the discrimination laws and your legal options, and propose a strategy to obtain the justice you deserve.
Our LGBTQ discrimination attorney handles all discrimination cases on a contingency basis. That means you pay us nothing unless and until we obtain a settlement or verdict for you. Contact us online or at (213) 863-4276 for a free, confidential consultation.
Recognizing LGBTQ Discrimination in the Workplace
LGBTQ discrimination can take many forms including but not limited to:
- Refusing to hire employees who identify, or are perceived, as LGBTQ.
- Withdrawing a job offer after learning an applicant identifies as LGBTQ.
- Paying LGBTQ employees less than other employees.
- Offering LGBTQ employees fewer benefits than other employees.
- Not promoting employees based on their gender, gender identity or expression, or sexual orientation.
- Promoting less qualified employees over more qualified employees who identify as LGBTQ.
- Denying LGBTQ employees access to training, mentorship, or apprenticeship.
- Using slurs or offensive language regarding or toward LGBTQ individuals.
- Firing an employee due to their gender, gender identity, gender expression, or sexual orientation.
If you’ve experienced any of these types of discrimination or some other form of LGBTQ discrimination, we can help. Contact us online or at (213) 863-4276 to schedule a free, confidential consultation.
What You Can Do Now About LGBT Discrimination
If you believe you may have a claim for LGBT discrimination, you can take a number of steps to protect yourself and preserve your legal rights.
Keep a journal of the discriminatory acts and harassment you’ve experienced, including dates, places, times, names of the persons involved and names of witnesses. Keep this journal at home or in a safe place, and not at work.
Report It in Writing
Many employers have LGBT discrimination policies in their employee handbook. If your employer does, follow the procedure in the handbook for reporting LGBT discrimination and harassment. If your employer does not, make a written report to your supervisor or someone in human resources. This report does not need to be long or formal. An email will work fine.
Keep copies of emails and other documents that you have sent or received from your employer regarding your complaint. Keep copies of emails and other documents, too, that you have received that you suspect are discriminatory or harassing. If your employer has an employee handbook, obtain a copy. Also, keep copies of positive performance reviews and letters. Keep these records at home or in a safe place, and not at work.
No one wants to experience LGBT discrimination at work. We understand that. But employees who quit before reporting LGBT discrimination will have a more difficult time winning a lawsuit. If you’re experiencing a stressful workplace, talk to an experienced Los Angeles employment attorney about how to preserve your legal claims.
Take Care of Yourself
Seek professional counseling or treatment if you are experiencing emotional distress, anxiety, depression or other psychological symptoms because of LGBT discrimination or harassment.
Contact an Employment Attorney
Contact an attorney with experience dealing with California employment law at Custis Law, P.C. online or at (213) 863-4276 to schedule a free, confidential consultation.
The Legal Landscape: LGBTQ Discrimination Law
California’s Fair Employment and Housing Act (FEHA) protects LGBTQ employees by explicitly prohibiting employers from terminating, harassing, or otherwise discriminating against any employee based on the employee’s actual, assumed, or perceived gender, gender identity, gender expression and sexual orientation.
Simply put, if you’re gay, lesbian, bisexual, transgendered or transsexual, California law offers you protection from discrimination and harassment in the workplace. FEHA’s anti-discrimination prohibitions apply to all California employers that have five or more employees. FEHA also protects employees, even those who are not LGBTQ, against harassment, discrimination and retaliation based on the employee’s association with someone in the LGBTQ community.
Unlike California’s FEHA, federal laws do not yet expressly protect LGBTQ employees from unlawful discrimination in the workplace. Title VII of the Civil Rights Act of 1964 (“Title VII”) is the federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It applies to employers with 15 or more employees. While the federal Equal Employment Opportunity Commission and many federal courts have ruled that Title VII protects LGBTQ employees from discrimination, the U.S. Department of Justice under the current administration has argued that Title VII does not protect LGBTQ employees.
Given the current uncertainty of federal protection, California gay rights attorneys prefer to assert LGBTQ discrimination claims under California law.
Let an LGBTQ Discrimination Attorney Fight for You
To learn how a Los Angeles LGBTQ discrimination attorney from Custis Law, P.C. can help you, contact us online or at (213) 863-4276 to schedule an initial, free consultation. We will review your case, explain California’s discrimination laws and your options, and propose a strategy for protecting your civil rights.
Our Los Angeles discrimination lawyer handles all LGBTQ discrimination cases on a contingency basis. That means you pay nothing until we recover money for you.
Contact Custis Law, P.C.
If you would like to schedule a free, no-risk consultation with Custis Law, P.C., call (213) 863-4276 or submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.