Westwood Sexual Orientation Discrimination Lawyer

Westwood Sexual Orientation Discrimination Attorney

Discrimination in the workplace can take many forms, including discrimination based on sexual orientation. Whether you believe your colleagues or employer are creating a hostile workplace or the nature of work has been negatively affected based on your sexual orientation, speaking with a Westwood sexual orientation discrimination lawyer can help clarify your legal options.

The Law Offices of Miguel S. Ramirez offers compassionate legal representation to the LGBTQ+ community in Westwood and Los Angeles at large. Our team serves clients who have faced harassment and unfair treatment at their jobs, as well as wrongful termination due to their sexual orientation.

Workplace Sexual Orientation Discrimination Is Unlawful in California

When the workplace environment turns hostile, it can be detrimental to your livelihood and well-being. You may be entitled to pursue legal action against an employer if this happens.

Labor laws in California and at the federal level provide protections for employees who face negative actions on the job based on their:

• Race
• Sex
• Religion
• National origin
• Color

The U.S. Civil Rights Act makes discrimination based on sex unlawful. Our Supreme Court has ruled that this extends to both sexual orientation and gender identity. The California Fair Employment and Housing Act considers sexual orientation a protected class as well.

Unlawful employment practices can take many forms, including:

• Inappropriate comments
• Retaliation
• Wrongful termination
• Sexual harassment
• Sexual assault
• Denial of your employment rights, including medical leave
• Unfair wages

Any type of negative treatment that would not occur if not for your sexual orientation is unlawful. Sexual orientation discrimination can come from anyone, including clients, coworkers, direct supervisors, or a supervisor from another area. You are also protected from sexual orientation discrimination by an employment agency and labor organization.

Some employers, including religious employers, may be exempt from these laws, with the exception of more egregious acts like sexual harassment and assault.

California law is constantly changing, and it is highly recommended that you consult a knowledgeable employment discrimination attorney in Westwood to know your legal options if you believe you are facing discrimination at work due to your sexual orientation.

Options When Facing Workplace Sexual Orientation Discrimination in CA

Certain power dynamics and workplace cultures may make it difficult to pursue adequate legal action and follow through once initiated for fear of retaliation. There are a few steps you can take to make sure you are adequately protected:

Document Incidents: Preserve any proof that workplace discrimination based on sexual orientation has occurred by saving any emails or messages that point to this. It is also helpful to write down the names of people who may have witnessed an incident.

Contact Human Resources: Speaking with someone in your job’s Human Resources department may help remedy any hostile action you are facing and is another way to document what is taking place.

Speak With an Attorney: Speaking with a seasoned Westwood sexual orientation discrimination lawyer may give you more insight into whether what you are facing is an unlawful employment practice and if there are legal actions you can pursue.

A skilled employment discrimination attorney may advise you to pursue a claim against your employer through the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Depending on your specific situation, the most adequate remedy may be to obtain a right-to-sue letter from both the EEOC and the CRD and pursue a case against your employer directly through a California court.

You are also protected from retaliation if you decide to open a claim with the EEOC or the CRD or file a discrimination case.

If you are successful in a sexual orientation discrimination case, you may be entitled to recover damages, including:

• Unpaid and lost wages and benefits.
• Your job position if you were terminated.
• Special accommodations if needed.
• Financial compensation due to emotional harm.

Members of the LGBTQ+ community are entitled to a safe and fair workplace environment. Taking action against an employer who has allowed a workplace environment to become hostile can not only ensure you and your career are protected, but it may also help others avoid a similar experience in the future.

FAQs

Q: Who Should You Contact if You Feel Discriminated Against Based On Your Sexual Orientation?

A: It is highly advised that you contact an employment discrimination lawyer in your area if you feel discriminated against based on your sexual orientation at the workplace. A knowledgeable attorney may advise you to contact the EEOC or the CRD to file a discrimination complaint. You may also consider pursuing a discrimination case in a California court.

Q: Is Sexual Orientation a Protected Class in California?

A: Sexual orientation is a protected class in California as per the U.S. Civil Rights Act Title VII and the California Equal Housing and Employment Act. Discrimination at the workplace based on sexual orientation is unlawful. This may exclude religious organizations and certain not-for-profit organizations. A lawyer can help you take action if you have been discriminated against.

Q: Does EEOC Protect Sexual Orientation?

A: The Equal Employment Opportunity Commission provides protection against discrimination in the workplace based on sexual orientation. The EEOC abides by Title VII of the Civil Rights Act, which includes sex as a protected class. The U.S. Supreme Court has interpreted sex to mean both sexual orientation and gender identity.

Q: What Must a Plaintiff Show to Prove Sexual Orientation Harassment?

A: To prove sexual orientation harassment at the workplace, a plaintiff should provide evidence of quid pro quo, where an employer makes a job, promotion, or other job benefits conditional on the plaintiff consenting to sexual advances or any form of sexual conduct, or a hostile work environment, which involves comments or actions that have a sexual undertone or are offensive and make the work environment uncomfortable, even if the act was not directed toward them.

The plaintiff should also prove that the harassment is severe or pervasive.