What Is Sexual Orientation Discrimination?
Sexual orientation discrimination is the act of treating an individual differently based on their sexual orientation or perceived sexual orientation. Sexual orientation discrimination in the workplace can manifest in a variety of ways, including making hiring decisions based on an employee’s sexual orientation, restricting certain promotions to non-LGBTQ+ employees, and even blatant harassment.
In the workplace, sexual orientation discrimination exists in the following three major forms:
- Indirect discrimination. Simply put, indirect sexual orientation discrimination, occurs when a workplace establishes certain rules, policies, or ways of work that apply to everyone but may specifically put people of a certain sexual orientation at a disadvantage. For example, a workplace may offer benefits to workers’ husbands or wives, but not extend the same benefits to same-sex domestic partners.
- Direct discrimination. This type of sexual orientation discrimination occurs when a person is intentionally treated differently or targeted based on their sexual orientation, whether perceived or known. A common example of direct discrimination involves an employee terminated after their employer discovered they are LGBTQ+, also known as wrongful termination.
- Harassment. Some employees also experience blatant harassment based on their perceived or known sexual orientation. Harassment is another form of discrimination in the workplace and can consist of any offensive treatment of a person meant to humiliate or demean them. Examples of harassment include a coworker continually using incorrect pronouns that do not fit how the worker personally identifies, or even physical harassment.
What Are Sexual Orientation Discrimination Lawyers?
A sexual orientation discrimination attorney works for clients that have experienced harassment and discrimination in the workplace because of their sexual identity. An experienced Los Angeles sexual orientation discrimination lawyer can help you handle your discrimination claim as well as understand the legal statutes and court proceedings that will surround it. Your sexual orientation discrimination lawyer can help you fight for equal treatment in employment and hold managers, bosses, coworkers, and corporations accountable for unfair practices.
Are There Laws Protecting Against Sexual Orientation Discrimination in California?
While there are many federal and state of California laws regarding workplace rights and employee treatment, there is currently a lack of policy specifically pertaining to the rights of members of the LGBTQ+ community. In fact, before the Bostock Vs. Clayton County, Georgia case, there was no federal policy in place to protect LGBTQ+ people from workplace discrimination based on sexual identity.
Unfortunately, many people experiencing workplace discrimination based on sexuality are often either discouraged or intimidated by the prospect of pursuing their rights. However, an experienced sexual orientation discrimination attorney can fight for you and help you interpret one of these policies and resources developed to better support the LGBTQ+ community.
Title VII: Anti-Discrimination Policies & Rights
In June of 2020, the Supreme Court made a historic ruling regarding LGBTQ+ rights in the case Bostock vs. Clayton County, Georgia. This ruling said that workplace discrimination targeting sexual orientation violates Title VII of the Civil Rights Act of 1964, which bans discrimination due to an employee’s sex. Simply put, an employer cannot make employment decisions based on either sex or sexual identity.
For example, employers may not refuse to hire individuals based solely on the fact that they are a woman. The Supreme Court has determined that Title VII extends to sexual orientation and gender identity, stating that if members of a different sex should not be treated differently, members of a different sexual orientation enjoy the same protection. This case is a landmark decision regarding LGBTQ+ rights and anti-discrimination policies.
The Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission, or EEOC, is in place to help fight for equal treatment in the workplace. The EEOC is a federal organization that prioritizes equal employment and has the authority to enforce the laws and policies that make discrimination illegal. Most businesses and employers with over at least 15 employees must follow regulations enforced by the EEOC. The EEOC also has the power to investigate claims of discrimination.
California Fair Employment and Housing Act
The state of California’s Fair Employment and Housing Act makes it illegal for an employer to fire or refuse to hire someone due to their sexual orientation. In addition, the Act makes any other form of discrimination based on sexual identity in the workplace illegal. The Fair Employment and Housing Act also prevents “severe workplace harassment” due to an employee’s sexual identity. California’s Fair Employment and Housing Act applies to most companies with over 5 employees.
Examples of Sexual Orientation Discrimination in the Workplace
Sexual orientation discrimination in the workplace can manifest in a variety of different forms. Have you ever experienced any of these in your place of work? If so, you may be a victim of workplace sexual orientation discrimination.
- Lack of advancement. Sometimes, sexual orientation discrimination can appear in the form of the lack of advancement. If you were hired as an intern at the same time as several heterosexual individuals, and each of them received a promotion, but you were left behind, this could be an example of discrimination in the workplace.
- Harassment. Harassment is often simpler to identify because it is often obviously offensive. Harassment can take on the form of verbal insults, inappropriate touches, or incorrect pronoun and name use.
- Refusal to hire. Hiring discrimination is another unacceptable form of sexual orientation discrimination. When an employer bases their decision to not hire an employee based solely on their sexual orientation and not their qualifications for the position, the practice is discriminatory.
- Unequal pay. Another issue that often occurs in the workplace is unequal pay for the same work. When pay is based on the sexual identity of the employee, discrimination has occurred.
- Disparaging treatment. Disparaging treatment can take many forms, including an employer consistently insulting you in front of other coworkers or outwardly treats you differently.
Is There a Time Limit to File a Sexual Orientation Discrimination Case in Los Angeles?
There is a statute of limitations to file a sexual orientation discrimination case, which differs depending on the state. In the state of California, you have 300 days to file a complaint about your employer, beginning from the date the unfair treatment began.
If you are experiencing discrimination in your workplace based on your sexual identity, the first step you should take is to talk to your employer. If presenting the situation to your employer does not work, or if your employer is the problem, your company’s human resources department could help you pursue fair treatment. If pursuing fair treatment within your company’s HR department has not rectified the situation, you must file a written complaint by mail or in person with the EEOC within the statute of limitations.
Do You Need a Los Angeles Sexual Orientation Discrimination Lawyer?
You deserve to be treated with respect, regardless of your sexual identity. Working with a sexual orientation discrimination attorney can help you ensure that you file all the necessary documents to prove the elements of your case correctly, on time, and in the proper format. Your sexual discrimination lawyer can remain by your side throughout the process and help you achieve your legal goals and pursue your rights.
At Nosrati Law, we believe all employees deserve to be treated equally and with respect. Our skilled Los Angeles sexual orientation discrimination attorneys have accumulated an impressive record of accomplishment helping Los Angeles area residents fight back against racial, sexual, sexual orientation, gender, and ethnic discrimination.
If you are struggling with discrimination issues at your workplace, contact us today to schedule a consultation.
