Workplace Sexual Orientation Discrimination and Harassment

California has long been at the forefront of protecting the rights of LGBTQ+ individuals, and the workplace is no exception. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation and gender identity. This is guaranteeing that all employees have the right to a safe and inclusive work environment. At KAASS Law, we are dedicated to upholding these rights and fighting for justice when they are violated. The following will explore the issue of workplace discrimination and harassment based on sexual orientation and gender identity in California. As a result, we are attempting to explain your rights and how we can help.

Fair Employment and Housing Act (“FEHA”)

The Fair Employment and Housing Act apply to employers with five or more employees. The exception is the cases of harassment, where there is no minimum employer size. The FEHA also applies to labor unions, employment agencies, state licensing boards, and state and local governments. Though, the FEHA doesn’t provide protection for federal employees.

According to the California Fair Employment and Housing Act, (Gov. Code §12940 et seq.), it is illegal for an employer to fire, fail to hire, or discriminate in any way against a person on the basis of their sexual orientation. Sexual orientation can mean homosexuality, bisexuality, and heterosexuality. Furthermore, includes the perception that a person has some characteristics or in case a person actually has the characteristics of a type of sexual orientation.

What is Sexual Orientation and Gender Identity Discrimination?

Sexual orientation discrimination occurs when an employer treats an employee or applicant unfairly because of their actual or perceived sexual orientation. This includes discrimination against individuals who are lesbian, gay, bisexual, heterosexual, or asexual.

Gender identity discrimination occurs when an employer treats an employee or applicant unfairly because of their gender identity, including transgender individuals, those who identify as non-binary, or those who do not conform to traditional gender norms.

Examples of Sexual Orientation Discrimination in the Workplace

Examples of sexual orientation discrimination in the workplace include the following:

• Hiring and firing: Employers cannot refuse to hire or terminate someone because of their sexual orientation or gender identity.
• Promotions and demotions: Decisions about promotions and demotions must be based on merit, not sexual orientation or gender identity.
• Compensation and benefits: Employees must receive equal pay and benefits regardless of their sexual orientation or gender identity.
• Training and development opportunities: Employers cannot deny training or development opportunities based on sexual orientation or gender identity.
• Working conditions: Employees must be provided with equal working conditions, free from harassment or discrimination based on sexual orientation or gender identity.
• Restroom and locker room access: Employees have the right to use restrooms and locker rooms that correspond to their gender identity.
• Dress codes and grooming standards: Employers must allow employees to dress and groom in a manner consistent with their gender identity.

Filing a Complaint with DFEH

A discriminated employee can file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH will either investigate the complaint or issue a “right-to-sue notice.

In case the DFEH finds evidence of discrimination based on sexual orientation and is not able to reach a settlement between the employer and employee, the agency can “prosecute” the case by holding a formal hearing or filing a lawsuit on behalf of the employee. In case the agency decides not to prosecute the case, the employee will receive a “right to sue” notice from the Department of Fair Employment and Housing.

Statute of Limitations in Workplace Sexual Orientation Discrimination

A person will have one year from the date of the sexual orientation discriminatory act to get a right-to-sue notice from the Department of Fair Employment and Housing.

What Can an Employee Recover in a Sexual Orientation Discrimination Lawsuit?

In case a person wins a discrimination lawsuit he may be eligible to recover the income that was lost as a result of the discrimination. The person can particularly recover:

• Compensatory damages, which include lost wages and benefits from his employment and any other economic disadvantages that happened as a result of because of discrimination.
• Emotional distress damages.
• Punitive damages. The jury will consider the employer’s misconduct in case it was extremely malicious or outrageous. Punitive damages are generally awarded for punishing the defendant.
• Attorney’s fees and costs

KAASS Law: Committed to LGBTQ+ Workplace Rights

At KAASS Law, we commit to protecting the rights of LGBTQ+ employees and creating workplaces free from discrimination and harassment. If you have experienced discrimination or harassment based on your sexual orientation or gender identity, contact us today for a free consultation. We can help you understand your legal options, navigate the legal process, and fight for the justice you deserve

If you believe that your employer has discriminated against you on the basis of sexual orientation, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.