The State of California employment laws are exceptionally protective of LGBTQ rights. In comparison to federal laws, California’s LGBTQ anti-discrimination laws offer a broader sense of protection for workers. These laws are used to protect workers against discrimination based on a worker’s sexual orientation such as being:
- Bisexual,
- Homosexual,
- Heterosexual, or
- Transgender
It is important to note that although California’s anti-discrimination laws are stricter than federal laws, federal employees who work in the state of California are protected under the federal LGBTQ discrimination laws. Across the board, anti-discrimination laws can be very ambiguous. If you are unsure if local or federal laws protect you, seek the legal expertise of a knowledgeable team of attorneys who can help you. With the guidance and support of a qualified team of attorneys, you could receive financial restitution for any damages you may have accumulated based on the violation of your rights.
Identifying LGBTQ Discrimination in the Workplace
Regrettably, despite progressive reform and a greater degree of accepting communities, gender identity and sexual orientation based discrimination continues to be a problem in the State of California. Although protective laws do little to deter discrimination, laws still help victims obtain justice.
Anti-discriminatory laws will typically apply when an employee has suffered an adverse work action that is based on gender identity or sexual orientation. Adverse employment action refers to an act that substantially affects the conditions of the worker’s employment. Adverse employment actions can be, but are not limited to the following actions:
- The failure to hire a worker,
- The termination of an employee,
- The withdrawing of an offer,
- Discrimination in benefits,
- Discrimination in a worker’s pay,
- The passing over a worker for a promotion in favor of a less qualified employee,
- Discipline action taken against a worker for using the “incorrect” restroom,
- Not being included in work-related social events, or
- The termination of a worker after undergoing a gender transition
Filing a Claim Based on Discrimination
In order for a law to protect a worker, the worker will need to demonstrate that the employment action was taken based on the worker’s LGBTQ status. Demonstrating that adverse employment actions took place based on LGBTQ status can be a difficult matter to prove. If you or someone you know has suffered as a result of discrimination based on a LGBTQ status, seek the legal expertise of a proficient team of attorneys who can champion on your behalf. As a harmed worker, you have the legal right to seek financial restitution for the damages accrued.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are dedicated to championing the rights of employees who have been discriminated against. The firm has extensive experience in handling LGBTQ discrimination cases in the workplace. If your rights have been violated as a worker in the State of California, seek the guidance of a skilled attorney who can champion on your behalf. As a victim of discrimination in the workplace, you may be entitled to receive financial restitution for the damages you sustained.
