San Bernardino Sexual
Orientation Discrimination Lawyer

Do you believe that you have suffered from discrimination in the workplace? Often, sexual orientation discrimination occurs in hidden, insidious ways. While there are no federal laws that explicitly prohibit this kind of behavior, there are state laws, executive orders and judge-made laws that apply.

It is never alright for an employer to fire someone or refuse to hire them because of their sexual orientation or gender identity. Employees should be allowed to do their work in a non-hostile environment. When it becomes impossible to do your job without discrimination or harassment, legal help is available. With the support of a sexual orientation discrimination lawyer, you can gather evidence and decide on your next legal steps.

What Is Sexual Orientation Discrimination in the Workplace?

It is against the law to discriminate against someone because of their sex, age, religion, race, color, national original or disability. Unfortunately, gender identity and sexual orientation are not protected by federal laws. This essentially means that sexual orientation discrimination is not explicitly against federal law if someone works in a state-owned or private workplace. If the individual works for the federal government, they are protected from gender identity and sexual orientation discrimination. Part of the equal opportunity employment policy for the federal government lists sexual orientation as one of its protected classes.

A sexual orientation discrimination attorney can discuss the best ways to file a discrimination case in San Bernardino or other parts of California. While federal law may remain quiet on this subject, many states protect against sexual orientation discrimination. California is one of these states. Sometimes, local cities and counties also have specific laws about this type of discrimination.

Thankfully, the situation is gradually starting to change surrounding this kind of discrimination case. The Equal Employment Opportunity Commission (EEOC) uses Title VII of the Civil Rights Act to protect LGBTQ employees. While this law was not actually designed to protect people against sexual orientation discrimination, there are judge-made laws and executive orders that provide a legal basis. Unfortunately, this makes these discrimination rules easier for an administration to dismiss, and the cases can be more complicated to pursue.

Examples of Sexual Orientation Discrimination in the Workplace

Sometimes, sexual orientation discrimination is obvious. An employer may directly say that they chose not to hire you based on your sexual orientation. In many cases, discrimination is less blatant. An employer may decide to promote someone who is less qualified than you, but they never explicitly state the real reason for their decision.

An employer may discriminate by giving workers of a particular sexual orientation worse reviews or rankings than their fellow workers without any alternative, justifiable reason. Some discrimination cases involve showing preferential treatment like awarding special projects or promotions to someone who professes a certain orientation. Discrimination can also involve threatening someone, insulting them, making disparaging remarks or bullying people because of their orientation.

Employers are not allowed to act in a way that causes a hostile work environment. Anytime an employer acts to help or harm employees because of their sexual orientation, they are practicing discrimination. It does not matter if the discrimination happens because of the individual’s real or perceived sexual orientation. If the employer fires someone because they wrongly think that the person is gay, it is still against state law.

California protects employees from discrimination. In this state, employers are not allowed to fire someone, give them worse work duties or refuse to hire employees based on their sexual orientation. Employers cannot discriminate by refusing to allow someone into a training program. Likewise, employees must receive the same benefits and compensation as their peers.

Sexual Orientation Discrimination Statistics

An estimated 28 percent of transgender people who applied for or held a job in the last 12 months reported that they were not hired, were turned down for a promotion or were fired because of their gender identity. In addition, one out of four LGBT workers has faced employment discrimination during the previous five years. An estimated 10 percent of LGBT employees have had to leave their job because of an unwelcoming environment. It is most likely because of this type of attitude that transgender employees have an unemployment rate that is three times larger than the national average.

More than half of LGBT employees have suffered because of discrimination in their work environment. Some workers choose to keep quiet about their gender identity or sexual orientation because of a fear of losing their job. While laws are gradually changing, 28 states still allow employers to fire an employee because of their sexual orientation.

Do I Need to Hire a Sexual Orientation Discrimination Lawyer?

California is one of the 22 states that protects workers from sexual orientation discrimination. If you live in San Bernardino and have experienced discrimination, a sexual orientation discrimination attorney can help. Understanding how these laws work can be complicated, but a qualified lawyer can help you navigate the process.

For your case to succeed, you need to have evidence that discrimination occurred. You will need to prove through documentation that you were effective in the workplace. By collecting and preserving evidence, your lawyer can help you achieve a favorable outcome as you pursue your claim.

No one deserves to suffer from discrimination at work. Through company policies, state laws and federal labor laws, you can prepare evidence against your employer. To figure out how to prepare your legal case, contact Rizio Lipinsky Heiting for an initial consultation.