Sexual Orientation Discrimination
What is sexual orientation discrimination?
Caifornia law specifically prohibits employment based on an individual's sexual orientation, gender identity, or gender expression. It is also unlawful to discriminate based on an employee's perceived sexual orientation. Sexual orientation is defined to include heterosexuality, homosexuality and bisexuality. Gender expression means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. Federal employment law does not prohibit sexual orientation discrimination.
What are some examples of sexual orientation discrimination?
Sexual orientation discrimination most commonly occurs because of anti-gay bias during the job application stage or through harassment of a current employee.. Below are some common examples of sexual orientation discrimination:
|» Restaurant owner sees male employee leaving after work holding hands with his male partner. Owner fires the employee the next day, claiming that his restaurant is a family business and cannot employ homosexuals.||» Retail outlet refuses to promote homosexual sales associate to an assistant manager position because he believes other employees will not want to be supervised by a gay manager.|
|» Investment banker who is gay is constantly berated and teased by supervisors because of his sexual orientation.||» Co-workers perceive a certain male employee to be gay even though he is straight and constantly taunt him with gay slurs and jokes forcing the employee to resign.|
How long do I have to file my sexual orientation discrimination claim?
Two time limits apply for filing sexual orientation discrimination claims under California law. First, you must request a right to sue notice from the California Department of Fair Employment and Housing within one year of an adverse employment action. Secondly, you must file your lawsuit in state court within one year of obtaining the right to sue notice.
For instance, if you are terminated from employment on June 1, 2013 and obtain a right to sue letter on September 15, 2013 you would then have one year (until September 15, 2014) to file yours sexual orientation discrimination lawsuit in state court.
How can an attorney help you?
Since sexual orientation discrimination was only recently prohibited, you need an attorney with experience in general discrimination and harassment matters. An attorney can help navigate the complex process required to file and litigate a discrimination complaint. Our firm is well-versed in gathering initial facts, advising clients on their alternatives, preparing a complaint, and litigating a discrimination case until resolution. Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
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