Sexual Orientation Discrimination - Brightwood Law Group, PC

Sexual Orientation Discrimination in the California Workplace: Your Right to Equality

Introduction: Ensuring Fairness and Respect for All Sexual Orientations

Every individual, regardless of their sexual orientation, deserves to work in an environment that is fair, respectful, and free from discrimination and harassment. California has long been at forefront of protecting LGBTQ+ rights, and state and federal laws strictly prohibit employers from treating employees or job applicants unfavorably because of their actual or perceived sexual orientation.

At Brightwood Law Group, PC, we are dedicated to upholding the rights of all employees and are committed to fighting against sexual orientation discrimination in the workplace. If you believe you have been subjected to unfair treatment, harassment, or termination because of your sexual orientation, our experienced employment attorneys are here to provide the legal support and advocacy you need.

Understanding Sexual Orientation Discrimination

Sexual orientation discrimination involves treating an employee or job applicant less favorably because of their sexual orientation, whether they identify as heterosexual, homosexual (gay or lesbian), bisexual, or asexual, or because of their perceived sexual orientation. This protection also extends to individuals who are associated with someone of a particular sexual orientation.

Discrimination based on sexual orientation can occur in a multitude of ways, including:

Hiring and Recruitment: Refusing to hire qualified individuals because of their sexual orientation.
Termination and Layoffs: Firing or selecting an employee for layoff due to their sexual orientation.
Compensation and Benefits: Offering unequal pay or benefits to employees based on their sexual orientation.
Job Assignments, Promotions, and Transfers: Denying opportunities for advancement, training, or desirable assignments due to an employee’s sexual orientation.
Disciplinary Actions: Applying workplace rules or disciplinary measures more harshly to employees based on their sexual orientation.
Harassment / Hostile Work Environment: Subjecting an employee to unwelcome comments, jokes, slurs, derogatory remarks, intimidation, outing (disclosing someone’s sexual orientation without their consent), or other offensive conduct based on their sexual orientation that creates an intimidating, hostile, or offensive work environment. (Learn more about what constitutes a Hostile Work Environment here).

Key Laws Protecting Against Sexual Orientation Discrimination in California

Employees in California are protected from sexual orientation discrimination by comprehensive state and federal laws:

California Fair Employment and Housing Act (FEHA): California’s FEHA prohibits employment discrimination and harassment based on sexual orientation. FEHA also protects against discrimination based on gender identity and gender expression. The statute applies to employers with five (5) or more employees.
Title VII of the Civil Rights Act of 1964: In its landmark decision in Bostock v. Clayton County (2020), the U.S. Supreme Court affirmed that discrimination based on sexual orientation (and gender identity) constitutes a form of sex discrimination prohibited by Title VII. Title VII applies to employers with fifteen (15) or more employees.

Recognizing Signs of Sexual Orientation Discrimination

Sexual orientation discrimination can be overt, but are often subtle. Signs that you may be experiencing this form of discrimination include:

Derogatory Comments or Jokes: Being subjected to offensive or demeaning comments, “jokes,” slurs, or stereotypes about your sexual orientation or that of LGBTQ+ individuals in general.
Unfair Treatment After Disclosure: Experiencing negative changes in your job duties, assignments, or evaluations shortly after your sexual orientation becomes known to your employer or colleagues.
Being Denied Opportunities: Being passed over for jobs, promotions, or training opportunities in favor of heterosexual colleagues who are less qualified or have less experience.
Social or Professional Exclusion: Being ostracized, excluded from work-related social events, or left out of important meetings or projects because of your sexual orientation.
Invasive Questioning or Outing: Being subjected to inappropriate or intrusive questions about your personal life or relationships or having your sexual orientation disclosed to others without your consent.
Assumptions and Stereotypes: Employment decisions being made based on stereotypes about the capabilities, interests, or roles of individuals of a particular sexual orientation.
Retaliation: Facing negative consequences after complaining about sexual orientation discrimination or harassment, or for supporting a colleague who has done so.

What to Do If You Suspect Sexual Orientation Discrimination

If you believe you have been a victim of sexual orientation discrimination, consider the following:

Preserve Relevant Evidence: Save copies of emails, messages, performance evaluations, company policies (especially anti-discrimination policies), and any other documents that could support your claim.
Review Your Company’s Anti-Discrimination Policies: Understand your employer’s stated policies and any internal procedures for making complaints.
Report Internally (If You Feel Safe and It Is Appropriate): Consider reporting the discrimination to your supervisor (if they are not involved), Human Resources, or another designated company official, in accordance with company policies. Keep a copy of your written complaint and any response from your employer.
Promptly Contact Brightwood Law Group, PC: Sexual orientation discrimination cases can be complex and involve strict legal deadlines for filing claims with administrative agencies like the California CRD (formerly DFEH) or the federal EEOC. Undue delay may negatively harm your potential claim.

Document Every Incident: Keep detailed, factual records of any discriminatory comments, actions, or policies. Note dates, times, locations, the individuals involved, and any witnesses.

How Brightwood Law Group, PC Fights Sexual Orientation Discrimination

Brightwood Law Group, PC is deeply committed to workplace equality and vigorously defends the rights of LGBTQ+ employees who have faced discrimination. We provide comprehensive legal support by:

Offering Confidential Case Evaluations: We provide a safe and understanding environment to discuss your experiences and assess the merits of your potential claim.
Advising You on Your Rights: We will clearly explain your protections under FEHA and Title VII and outline the best legal strategies for your case.
Assisting with Administrative Complaints: We are experienced in preparing and filing discrimination complaints with the CRD (formerly DFEH) and EEOC.
Skillful Negotiation: We will diligently negotiate with your employer to seek a fair resolution, which may include monetary compensation, policy changes, reinstatement, or other appropriate remedies.
Aggressive Litigation: If a just settlement cannot be achieved through negotiation, our dedicated attorneys are prepared to litigate your sexual orientation discrimination case in court to hold your employer accountable.
Pursuing Full and Fair Remedies: Our goal is to secure all available remedies for victims of discrimination, which may include lost wages and benefits, compensation for emotional distress, punitive damages (in appropriate cases), and recovery of attorneys’ fees and costs.

Sexual orientation discrimination is illegal. Learn more on our general Discrimination Overview Page.

If harassment based on sexual orientation has created an abusive work atmosphere, see our page on Hostile Work Environment.

If you were fired due to your sexual orientation, this may also constitute Wrongful Termination.

If you faced negative actions after complaining about discrimination, learn about Employee Retaliation.

If You Have Been a Victim of Sexual Orientation Discrimination, We Can Help.

No one deserves to experience discrimination on the basis of their sexual orientation. If you have experienced workplace discrimination due to your sexual orientation, we can help. Contact Brightwood Law Group, PC today for a free and confidential consultation to discuss your situation. Our experienced employment attorneys are here to protect your rights and fight for the compensation you deserve. Call us at (310) 895-9075 or fill out our online contact form.