California takes LGBTQ rights seriously, with anti-discrimination laws that provide strong protections beyond federal regulations in some cases. If you are a member of the LGBTQ community and suspect discrimination based on your sexual orientation or gender identity, you are protected by law. Below, we’ll outline the legal protections available, though each case is unique. Consulting with an attorney can help you understand your options and advocate for your rights in the workplace.
California’s Anti-Discrimination Laws
In California, LGBTQ-based discrimination is illegal under the California Fair Employment and Housing Act (FEHA), which prohibits workplace discrimination based on sexual orientation. Common violations involve employers discriminating against individuals for identifying as gay, lesbian, bisexual, or transgender.
Importantly, FEHA protects all employees from sex-based discrimination, even those who identify as heterosexual. While less common, heterosexual employees can also experience sexual orientation discrimination and are protected under FEHA.
Common Examples of LGBTQ Discrimination in the Workplace
Employers violate anti-discrimination laws when they:
- Deny job opportunities, raises, promotions, or benefits based on an individual’s sexual orientation or gender identity.
- Restrict access to workplace resources available to other employees due to real or perceived sexual orientation or gender identity.
- Deny participation in training or educational programs.
- Harass or retaliate against workers who file complaints or support others filing complaints over sexual orientation discrimination.
- Engage in discriminatory behavior that creates a hostile work environment.
Remedies Available After an Anti-Discrimination Violation
If you have experienced discrimination in violation of California’s LGBTQ anti-discrimination laws, you may have grounds for legal action. California law offers various remedies, such as:
- Back pay
- Attorney fees
- Compensation for emotional distress
- Coverage for out-of-pocket expenses
- Loss of future earnings
- Policy changes
- Promotion or reinstatement
- Reasonable accommodations
- Punitive damages
- Additional training for the employer or organization
Consult an Experienced Attorney
Proving unlawful discrimination can be complex. Keeping a detailed record of incidents is essential, as not every act of discrimination is obvious. An experienced attorney can guide you in building a compelling case and protecting your rights.
The employment law team at SANFORD A. KASSEL, A Professional Law Corporation is experienced in handling anti-discrimination law violations. Contact them today to explore your options for obtaining the restitution you deserve.
