The month of June is widely celebrated as Pride Month. Pride Month focuses on celebrating the LGBTQ community and it also serves as an important reminder that there is still work to be done when it comes to LGBTQ rights in the workplace. Although encouraging progress is apparent in anti-discrimination laws that have been passed by the State of California, the promise of equal rights in the workplace for the LGBTQ community remains unfulfilled.
The unfortunate lack of appropriate employment protections is presently underscored in the midst of the ongoing labor market turmoil that stems from the COVID-19 pandemic. According to a study released by the Human Rights Campaign Foundation, people who identify as part of the LGBTQ community are currently more likely to undergo unemployment. According to the data collected by the study, 17 percent of LGBTQ workers had lost their employment because of the pandemic, compared to the 13 percent of the population. Additionally, people of color who identified as part of LGBTQ were disproportionately affected. The study showed that 22% of these workers lost their job as a result of the pandemic.
California Law Protects LGBTQ Employees From Workplace Harassment
Both on a state and national level, there are laws that have made important strides toward ensuring that the rights of LGBTQ workers are protected. The State of California, under the Fair Employment and Housing Act, explicitly prohibits workplace discrimination against workers who identify as part of the LGBTQ community. The Act protects California workers from any mistreatment that is based on the worker’s sexual orientation and/or gender identity.
An employer can violate the laws concerning LGBTQ discrimination when:
- He or she denied the worker a job, a raise, a promotion, training, paid leave or other benefits on the basis of the worker’s real or perceived sexual orientation, real or perceived gender, and identity.
- Harassment or retaliation against the worker for filing a complaint.
- Engaging in behavior that has created a hostile environment for the worker.
In reality, discrimination against a person can take many forms, and regrettably, these acts of discrimination continue to occur on a regular basis for many members of the LGBTQ community.
Contact the Support of a Well-Versed Employment Law Attorney
Even as the novel Coronavirus pandemic continues to make an impact on our economy, members of the LGBTQ community continue to face disproportionate discrimination in the workplace. Although workers who identity as a part of the LGBTQ community have rights that protect them against workplace discrimination, many employers disregard these rights and continue to break the law.
If you have been discriminated against in your place of work or feel that you have been denied employment because of how you identify, speak to a well-versed attorney who has experience in employment law.
At the law offices of SANFORD A. KASSEL, A Professional Law Corporation, it is of utmost importance to defend the rights of LGBTQ workers who have been discriminated against, been wrongfully discharged, or retaliated against in the workplace. Consider contacting the law firm today for a free initial consultation.
