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