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San Diego LGBT Discrimination Lawyer
Both California state law and federal law prohibit discrimination based on sexual orientation or gender identity/expression in employment decisions such as hiring, firing, promoting, or providing benefits. It’s important for all workers in California to understand their rights when faced with situations involving possible discrimination due to their sexual orientation/gender identity/expression. If you believe your employer has discriminated against you, a sexual orientation discrimination lawyer from Gomez Trial Attorneys can help. Contact us today to schedule a free consultation.
WHAT IS CONSIDERED LGBTQ DISCRIMINATION?
LGBTQ discrimination is any action taken against someone because of their sexual orientation or gender identity. This can include verbal harassment, physical violence, job termination, housing eviction, or denial of services — all based on a person’s sexual orientation or gender identity.
CALIFORNIA AND FEDERAL LAWS FOR LGBTQ DISCRIMINATION
When it comes to discrimination based on sexual orientation, gender identity, and/or gender expression, both California state laws and federal laws protect people from unfair treatment in the workplace. It is important to understand your rights as an employee when it comes to facing these types of discrimination.
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (FEHA)
The California Fair Employment and Housing Act (FEHA) protects individuals from discrimination based on a number of factors, including their sexual orientation, gender identity, and gender expression. The law applies to employers with five or more employees, regardless of whether they are full-time or part-time employees.
Under FEHA, it is unlawful for an employer to discriminate against you by taking any of the following actions: firing you, demoting you, failing to hire you, denying promotions, harassing you, or paying a lower wage than other workers who do not share the same protected characteristics.
TITLE VII OF THE CIVIL RIGHTS ACT (TITLE VII)
Title VII of the federal Civil Rights Act (Title VII) also prohibits discrimination in employment based on race, color, religion, sex, and national origin. In 2020 the Supreme Court held that Title VII also prohibits discrimination based on sexual orientation and gender identity. That means that under this law, it is illegal for employers to discriminate against someone because of their sexual orientation or gender identity when making decisions about hiring, firing, promoting, or providing benefits.
It is important to note that Title VII only applies to employers with fifteen or more employees, which is why it is important for California workers to understand their rights under state law, as it provides more protection.
COMMON EXAMPLES OF LGBTQ DISCRIMINATION
Knowing your rights as an LGBTQ person can help ensure that you are treated fairly and with respect in any situation. Let’s take a closer look at some of the most common examples of
LGBTQ discrimination.
WORKPLACE DISCRIMINATION
The first example of LGBTQ discrimination is workplace discrimination. This can include anything from being denied a job based on gender identity or sexual orientation to harassment or exclusion from company activities because of those characteristics.
EDUCATIONAL DISCRIMINATION
Another common example of LGBTQ discrimination is educational discrimination. This includes not only denying admission to a school due to gender identity or sexual orientation but also limiting access to educational opportunities such as internships, extracurricular activities, and even counseling services based on those same characteristics.
HOUSING DISCRIMINATION
Finally, housing discrimination against the LGBTQ community is still an issue today. This can include refusing to rent or sell property based on someone’s gender identity or sexual orientation, as well as charging higher prices or providing lower levels of service due to those characteristics.
WHY YOU SHOULD HIRE A LAWYER
If you have been a victim of LGBTQ discrimination, it is essential to hire an experienced attorney who understands the laws that protect people in the community. An attorney can help you understand your rights and build a strong case against those who have wronged you. They can also assist with filing any necessary paperwork and represent you in court if needed. Additionally, an experienced lawyer will be able to provide advice on how to negotiate with employers and other parties to reach an amicable settlement outside of court.
An LGBTQ discrimination lawyer will work diligently to build a strong case for you so that you are compensated for any damages caused by the discriminators’ actions. They will also be able to provide expert testimony regarding any potential legal issues related to your case and use their knowledge of relevant laws and regulations when advocating on your behalf.
POTENTIAL DAMAGES IN AN LGBTQ DISCRIMINATION CLAIM
It is illegal for employers to discriminate against employees based on their sexual orientation or gender identity. If you have been the victim of this type of injustice, there are certain damages you may be entitled to as a result of your claim.
LOST WAGES AND OTHER BENEFITS
If you have lost a job or suffered other negative repercussions due to discrimination, you may be entitled to receive compensation for lost wages and other benefits. This includes any bonuses or commissions, as well as vacation time or sick leave that you were unable to use due to being fired or laid off because of your sexual orientation or gender identity.
PAIN AND SUFFERING AWARDS
In addition, you may also be entitled to pain and suffering awards if your case is successful. This type of award is designed to compensate victims for emotional distress caused by discrimination. It can also cover any medical costs associated with emotional distress, such as counseling sessions or visits with a therapist. Additionally, it can cover any physical pain caused by stress and anxiety related to the instance of discrimination.
PUNITIVE DAMAGES
If the court finds that the employer’s actions were particularly malicious, they may award punitive damages in addition to compensation for lost wages and pain and suffering awards. These types of damages are designed to punish wrongdoers who engage in discriminatory behavior and act as a deterrent for future misconduct. Punitive damages can be substantial depending on the severity of the actions taken against you by your employer.
CONTACT GOMEZ TRIAL ATTORNEYS TODAY FOR YOUR LGBTQ DISCRIMINATION CLAIM
No matter what your situation may be, it is important for everyone — especially those in the LGBTQ community — to understand their rights under the law when it comes to employment discrimination. By doing your research, you can ensure that you are protected from potential discrimination in your workplace or when applying for jobs.
If you believe that you have been discriminated against based on your sexual orientation or gender identity, consulting an experienced attorney can help you gain clarity about your legal options and get the justice you deserve. To speak with an LGBTQ discrimination lawyer, Contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or contacting us online.
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Review by: Irving P.
August 2020
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