Like gender and race, sexual orientation is a protected class, meaning a potential employer cannot discriminate against you because you are bisexual, homosexual, or heterosexual. However, these instances of discrimination based on a person's sexual orientation are common, especially in workplaces.
According to a 2017 research report, one (1) in four (4) LGBT workers had experienced employment discrimination in the past five (5) years. Sometimes, a sexual orientation issue could seem like a private issue, and when you are discriminated against, you could feel alone, embarrassed, scared, and confused about what to do.
However, you do not have to deal with these embarrassing and sensitive issues alone. If your employer has subjected you to discrimination based on your sexual orientation, our credible attorneys at Sexual Harassment Attorney can help. We will offer you legal assistance and help you understand your options wherever you are in California.
What Sexual Orientation Means
Sexual orientation is the long-term or repeated sexual or romantic attraction someone feels toward another person, regardless of whether he/she is of the same, different gender, or both genders. Generally speaking, sexual orientation encompasses homosexuality (gay or lesbian), bisexuality, heterosexuality, and pansexuality.
The abbreviation "LGBTQ" (lesbian, bisexual, gay, transexual, and questioning or queer) is most commonly used to describe sexual orientation.
Understanding Sexual Orientation Discrimination
As the name suggests, sexual orientation discrimination refers to any prejudiced or unfavorable behavior, actions, or treatment against a person's perceived or actual sexual orientation. While it could occur in any setting at any time, this form of discrimination commonly occurs in workplaces.
In a workplace, discrimination often involves a worker being treated unethically or unfairly by any individual in his/her workplace because of his/her sexual orientation, regardless of whether it is real or perceived. The discriminator could be any of the following individuals:
- Your employer
- Your supervisor
- Colleague
- A customer or client
However, in most cases, this form of workplace discrimination involves an employee discriminating against another worker because he/she perceives that the colleague is gay, lesbian, transgender, bisexual, or queen. It is important to note that you do not need to be a member of the LGBTQ community to face discrimination.
An employee or any other person in your workplace can discriminate against you when he/she perceives you as a member of the LGBTQ community, even if his/her assumption is untrue.
How to Spot Discrimination Based on Sexual Orientation at Work
Discrimination due to your sexual orientation could occur in many ways in your workplace. Hence, it is important to recognize when it manifests and take appropriate action immediately. Below are various ways discrimination based on your sexual orientation can manifest in a workplace:
Harassment
Harassment in your workplace could involve various behaviors, conduct, jokes, slurs, or offensive comments related to your gender identity or sexual orientation. Harassment in your workplace could also encompass unwanted gestures, physical attacks, or the showing of explicit symbols or images.
Harassment due to your gender identity could be more subtle in other cases, including exclusion from social events or work-related events.
Wrongful Termination
Another way discrimination can occur due to your gender identity is through termination of your employment, even if you are not professionally incompetent. Your employer can terminate your employment contract because he/she believes you are a member of the LGBTQ community, even if his/her perception is inaccurate.
In other cases, your employer could compel you to resign by continuously exposing you to a hostile working environment because of your sexual orientation.
Unequal Treatment
Unequal treatment due to your sexual orientation could include being denied raises, promotions, or any other benefit entitled to an employee, even though you have the skills and qualifications needed for the job. Unequal treatment due to sexual orientation could also manifest as distinct workplace standards or rules applied to workers based on their gender identities.
Retaliation
Retaliation occurs when your employer takes negative action against you for reporting an incident of workplace sexual discrimination or supporting a workmate who has recently reported a similar case. Examples of ways your employer could retaliate against you include undesirable job duties, increased scrutiny, or demotion.
These are a few ways in which sexual orientation discrimination could manifest in a workplace. Sometimes, discrimination is complicated and could be challenging to identify. Hence, working with an experienced attorney who has handled similar or related cases in the past is a wise idea.
Understanding Sexual Orientation Discrimination Under the Fair Employment and Housing Act (FEHA)
According to FEHA, sexual orientation discrimination is a protected class, like gender and race. That means it is unlawful for an employer to discriminate against, fire, or fail to hire an employee based on his/her sexual orientation. That is true, even if the employer was mistaken about the employee's sexual orientation.
FEHA also makes it unlawful for an employer to harass or discriminate against an employee because he/she is perceived as gender non-conforming or transgender. When you report a case of sexual orientation discrimination in your workplace, it will also be illegal under the FEHA for an employer to retaliate against you for doing so.
If a colleague, employer, or anyone in your workplace has discriminated against you based on your sexual orientation, you should speak with an attorney for legal guidance. An experienced attorney can investigate your case and help you understand your legal remedies.
Steps to Take When You Experience Gender Identity or Sexual Orientation Discrimination
When someone discriminates against you based on your sexual orientation, you have options. Below are various steps you can take to address this issue and seek justice:
Know Your Rights
Understanding all legal protections that protect victims of sexual orientation discrimination and your company's or employer's anti-discriminatory practices could help you detect discriminatory behaviors when they manifest in your workplace.
While it could feel awkward, you would also want to inform the person or colleague who discriminated against you based on your sexual orientation that his/her words or actions are unwelcome and inappropriate. Doing this helps show the person that you comprehend your rights and could prevent future discriminatory episodes against you or your colleagues.
Document the Incident
As soon as you begin to experience discrimination due to your sexual orientation, you should note down everything, including the comments and behaviors of other employees towards you. Also, remember to include precise details like the individual involved, location, time, and date.
All evidence that can support your discrimination claim, like emails, witness statements, and text messages, could also help support your claim.
Report the Type of Discrimination You Experienced
When you experience discrimination in your workplace due to your sexual orientation or gender identity, you should follow the proper procedures to report the incident to either the human resource manager or employer. This process could involve the following:
- Filing your written complaint
- Showing up at a meeting to discuss your issues
- Participating in a mediation
Ensure the discrimination case is documented well, ask for a copy, and keep it as evidence. Your employer's response on the issue could help strengthen your claim.
Seek Emotional Support
Discrimination based on your sexual orientation can be a stressful and emotionally-wracking experience. Contact your family, close friends, and coworkers for emotional help during these trying times. Aside from offering you emotional guidance, your family members can provide you with encouragement, relevant advice, and a sympathetic ear as you navigate the confusing processes of addressing discrimination in a workplace based on someone's sexual orientation.
Seek Legal Assistance
If you are a victim of sexual orientation or gender identity discrimination, you should consult with an attorney as soon as possible to discuss the situation and know your options. A skilled attorney can help you determine the most suitable remedy and understand the possible outcomes to expect in your case.
Ensure the attorney you choose is well-qualified, reputable, and experienced for the best legal representation and increase your odds of securing a favorable outcome.
File Your Complaint
With the legal assistance of a skilled attorney, you can file an administrative claim with the DFEH (Department of Fair Employment and Housing). Once you file your claim, this agency will investigate your case and help you determine an appropriate solution, including mediation, settlement, or litigation, to secure your compensatory damages.
Your attorney can access you and help you determine the most appropriate way to resolve your unique discrimination case. If your attorney files a lawsuit against your employer under FEHA, he/she will bear the burden of proof at trial. That means it is upon him/her to prove to the court that you experienced discrimination based on your sexual orientation to secure a favorable outcome.
Stay Vigilant
While your discrimination case continues, you should stay vigilant to know when more instances of retaliation, harassment, or discrimination occur in your workplace. The information and evidence you will gather can be helpful when proving your claim and discriminatory behavior during a litigation or settlement negotiation.
Depending on your unique work environment, you could have various ways of fighting sexual orientation or gender identity discrimination and securing the justice you deserve. The steps outlined above can assist you in effectively addressing sexual orientation or gender identity discrimination in the workplace while also working to create a more equitable and inclusive work environment for every employee.
Potential Damages in a Sexual Orientation Discrimination Claim
When you decide to resolve your sexual orientation claim through a lawsuit, you could recover several remedies and damages for your losses, including:
- Bactstay
- Lawsuit cost and attorney fees
- Policy training and changes
- Promotion, reinstatement, or hiring
- Non-economic damages, including compensation for emotional distress
In some cases, your attorney can also help you secure punitive or “exemplary” damages to punish your employer for his/her illegal acts.
Benefits of Preventing Sexual Orientation Discrimination in the Workplace
Preventing sexual orientation discrimination in any work environment has several benefits. To begin with, it helps make all the employees feel treated equally based on their qualifications and work merits, not their inherent traits or characteristics, like sexual orientation.
Nondiscriminatory policies assist in preventing hostile work environments triggered by a few workers' discriminatory behaviors. Working in a non-discriminative environment can help boost employees' morale and foster good relationships between supervisors and colleagues.
Incidents of discrimination based on sexual orientation continue to be common nationwide. Nonetheless, a change is taking place in the way businesses respond to or explain the ban on discrimination based on sexual orientation.
Importance of Hiring an Attorney After Experiencing Sexual Orientation Discrimination
If you believe a colleague or employer is discriminating against you due to your sexual orientation or gender identity, an attorney’s legal assistance on the matter could be helpful. Here are some of the reasons you need an attorney:
He/she Can Help You Understand Your Legal Rights
The attorney you will hire will be your legal counsel during these challenging and stressful times to understand your legal rights and options. The attorney you choose will offer your legal advice on your workplace rights and relevant information about illegal, wrongful termination and workplace retaliation.
He/she Will Help You Prepare and File Your Complaint Under FEHA
If you have experienced sexual orientation discrimination, you could qualify for compensatory damages. If settlement or mediation is not an option in your case, your attorney can help you file an independent lawsuit or join a class action lawsuit against your employer to secure compensatory damages.
Frequently Asked Questions (FAQs) About Sexual Orientation Discrimination
Whether you are a victim of sexual orientation discrimination or not, educating yourself on what qualifies as sexual orientation discrimination and what to do when it happens to you is a wise idea. Below are common and most frequent questions most people will ask about sexual orientation discrimination:
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Is it Legal for a Prospective Employer to Ask About My Sexual Orientation During a Job Application?
No. It is illegal for an employer to ask about your sexual orientation during a job application. According to FEHA, it is unlawful to discriminate against another person based on his/her sexual orientation or gender identity. Any questions about your sexual orientation or gender identity on a job application could act as evidence to prove the discriminatory intent of your employer.
Instead, an employer should focus on an applicant’s skills and qualifications relevant to the specific job you are applying for and refrain from asking any questions about protected characteristics, like race, sexual orientation, disability, or religion.
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Can Discrimination Based on Sexual Orientation Occur Simultaneously With Other Types of Discrimination?
Yes. Sexual orientation or gender identity discrimination could intersect with types of discrimination, including religion, race, age, or disability. Intersectionality means you could experience several forms of discrimination in your workplace simultaneously, significantly affecting your job performance and well-being.
It is important to stay vigilant to notice discriminatory behavior in your workplace and take appropriate action to address the issue.
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Does the Prohibition Against Discrimination Based on Sexual Orientation Have Any Exceptions?
While legal protections against sexual orientation discrimination apply widely to all employees and employers, there are a few exceptions you ought to know about. For example, some religious organizations could be exempt from certain anti-discrimination statutes if the alleged discrimination is closely and sincerely tied to their religious beliefs.
However, the scope of this exemption is narrow, and it does not permit employers to discriminate against his/her employees or an employee against another employee based on his/her sexual orientation. Since every case is unique, consulting an experienced attorney would help you understand your situation's limitations and whether you have a valid claim under FEHA.
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What is the Process for Filing a Complaint After Experiencing Discrimination Based on Your Sexual Orientation?
The first step to take after experiencing harassment or discrimination in your workplace due to your gender identity or sexual orientation is to report the incident to your human resources manager or employer. Ensure you follow the internal reporting procedure. After that, you should consult an attorney for legal counsel and guidance in preparing a viable claim.
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Who is More Likely to Experience Sexual Orientation Discrimination?
Anyone can be a victim of discrimination based on sexual orientation, regardless of their sexual or gender orientation. Most employers or employees who discriminate against their colleagues do so based on a perceived belief of someone's gender identity or sexual orientation.
That means even if his/her belief is incorrect, sexual orientation discrimination can happen to you, affecting your work quality and emotional well-being.
Find a Sexual Harassment Attorney Near Me
Whoever you decide to love or spend your life with should not cause a hostile work environment or impact your eligibility for a job. If you have experienced discrimination in your workplace due to your gender identity or sexual orientation (whether assumed or real), you have legal options. An attorney could help you understand your workplace rights and available options for recourse.
At Sexual Harassment Attorney, our skilled attorneys are ready to assist victims of workplace sexual orientation discrimination to secure the damages they deserve. We understand every case is unique, and we will thoroughly investigate your case and prepare a viable claim. We invite you to call us at 800-905-1856 to discuss your case and learn how we can help you navigate these challenging times wherever you are in California.
