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Any type of discrimination in the workplace is unacceptable. People have the right to experience fair treatment at work regardless of factors they are unable to control, including race, ethnicity, sex, gender, sexual orientation, disability, and more. Decisions regarding hiring, promotions, pay and benefits, and other employment-related elements should be made based on the worker’s performance.
Unfortunately, many individuals who identify as LGBTQ+ commonly experience discrimination in their places of work. No person deserves to experience workplace harassment or unfair practices due to who they are or who they love. Not only should a person’s sexual orientation remain an aspect of their private life unless they choose to share it at work, but knowledge of sexual orientation must not be a factor in any employment-related decision.
While there are certainly general workplace discrimination policies in place, both at the federal and state levels, many workplaces fall short in their attempts to protect members of the LGBTQ+ community in employment. Thus, dealing with matters of sexual orientation discrimination in the workplace can often be a daunting task. Because of this, many people that experience sexual orientation discrimination at work are left to wonder what their rights are, and which avenues they can take to pursue them.
At the Law Office of Omid Nosrati, we prioritize equal treatment in employment. No matter your race, gender identity, ethnicity, religion, or sexual orientation, you deserve to be treated fairly. Fighting against workplace discrimination requires a legal team that is knowledgeable of both the law and the types of discrimination frequently experienced by those who identify as LGBTQ+. We are experienced advocates for employees who experience discrimination their places of work, and our team of professional attorneys is dedicated to fighting for justice for you.
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:
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.
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.
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, 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.
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.
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.
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.
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 the Law Office of Omid Nosrati, 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.