Northridge Sexual Orientation Discrimination Attorneys

Protecting LGBTQ+ Employees from Discrimination in California

California law prohibits employers from discriminating against employees based on their sexual orientation. Employers cannot discriminate against employees based on their sexual orientation or their association with someone who is gay, lesbian, or bisexual.

Have you been the victim of sexual orientation discrimination? Contact K2 Employment Law at (800) 590-7674 to learn how our sexual orientation discrimination lawyer in Northridge can help.

What Is Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an employer treats an employee differently because of their sexual orientation. It can include subjecting an employee to a hostile work environment because of their sexual orientation.

Examples of sexual orientation discrimination include:

• Refusing to hire someone because they are gay, lesbian, or bisexual
• Demoting an employee because they are gay, lesbian, or bisexual
• Refusing to promote an employee because they are gay, lesbian, or bisexual
• Subjecting an employee to a hostile work environment because they are gay, lesbian, or bisexual
• Terminating an employee because they are gay, lesbian, or bisexual

It is important to note that California law also prohibits employers from discriminating against employees based on their perceived sexual orientation or their association with someone who is gay, lesbian, or bisexual. This means that an employer cannot discriminate against an employee because they believe the employee is gay, lesbian, or bisexual, even if the employee is not.

What Is a Hostile Work Environment?

A hostile work environment is a work environment that is so hostile that it affects an employee’s ability to do their job. In order to be considered a hostile work environment, the hostility must be based on the employee’s sexual orientation, and it must be severe or pervasive. This means that a few offhand comments or isolated incidents are not enough to create a hostile work environment.

Examples of behavior that can create a hostile work environment include:

• Offensive jokes or comments about an employee’s sexual orientation
• Derogatory slurs
• Unwanted sexual advances
• Sexually suggestive comments or gestures
• Displaying sexually suggestive or explicit images
• Physical assault or threats of physical assault

What Is the Difference Between Sexual Orientation Discrimination and Gender Identity Discrimination?

Gender identity discrimination occurs when an employer treats an employee differently because of their gender identity. An employer cannot treat an employee differently because they are transgender. They also cannot discriminate against an employee because they do not conform to traditional gender stereotypes.

For example, an employer cannot refuse to hire someone because they are transgender or because they are a man who wears makeup or a woman who does not wear makeup. An employer also cannot refuse to hire someone because they are a man who is attracted to other men or a woman who is attracted to other women.

What Proof Do I Need for a Sexual Orientation Discrimination Case?

To build a strong sexual orientation discrimination case, gathering and presenting the right evidence is crucial. Here are the key types of proof you may need:

• Documentation: Keep detailed records of any incidents of discrimination or harassment, including dates, times, locations, and the names of individuals involved. Emails, text messages, and meeting notes can serve as important evidence.
• Witness Testimonies: Collect statements from coworkers or others who witnessed the discriminatory behavior. Witnesses can provide valuable corroboration of your claims.
• Performance Reviews: Maintain copies of your performance evaluations and any commendations or awards you have received. This can help counter any claims that your job performance was the reason for unfair treatment.
• Company Policies: Obtain copies of your employer’s policies on discrimination, harassment, and equal employment opportunity. These policies can be used to show that your employer failed to adhere to their own rules.
• Comparative Evidence: Show how you were treated differently compared to other employees in similar positions who are not of the same sexual orientation. This can include differences in job assignments, pay, promotions, or disciplinary actions.
• Formal Complaints: If you filed a complaint with your employer or a government agency, keep copies of these documents. They can demonstrate that you took steps to address the discrimination.