Lesbian and gay discrimination at work is not legal in many states including CA
Gay, lesbian, bisexual and transgender folk have faced discrimination at work for hundreds of years, and at one time there had been little that they could do about it. Fortunately that’s all changed, and in one or two states, including California, it’s currently illegal to discriminate against somebody for being gay. Finally gay discrimination is no longer put up with in these states, and people who are victims have a legal recourse to find justice and remuneration. But unfortunately these laws do not exist at the federal level, though the majority feel that it is merely a matter of time till they’re passed. If you aren’t sure about the laws in your state relating to discrimination against gay, lesbos and bisexuals, the nicest thing you can do is to consult with an employment lawyer in your area. Laws differ at the state and local levels so what’s true in one state may not be true in another.
Sexual Preference Discrimination In The Office
It is not legal in California for an employer to be biased against a worker due to that employee’s sexual proclivity or perceived sexual preference. There aren’t any federal laws prohibiting this kind of discrimination.
Perceived Sexual Preference
It’s also against the law in California for an employer to be biased against a worker on the basis of that employee’s understood sexual preference. So if an employer believes a worker is gay, and fires him due to that, it is illegal whether or not the employee is basically gay. This is important because many gay people choose to keep their non-public lives private. With this stipulation it implies that no one needs to come out and say that they are gay to be protected by the law.
Statute of Limitations on Sexual Orientation Discrimination In the Workplace
One of the aspects of the California law is that the worker must make a complaint to the California Work Commission not more than thirty days after she or he is discriminated against. Only after the Work Commission has processed the claim may the worker sue in court.
Sexual Proclivity Discrimination in Combination With Other Laws
Often the same actions that violate the laws against sexual preference discrimination violate other laws also. It is actually possible that an employer that is discriminating on the supposition of sexual orientation is also discriminating on the basis of sex.
For example, a male employer asks a lesbian worker to sleep with him. She says no, and touches on her sexual proclivity. He is saying that he won’t employ a lesbian and fires her. It could be argued that he in addition has discriminated on the grounds of sex, because it’s illegal for him to launch her just because she did not sleep with him. That’d be a kind of sexual victimization. (For a fuller discourse on sexual victimization, see the section on Sexual Harassment – Workplace.)
Damages for Sexual Preference Discrimination
The law against sexual preference discrimination is really new, so it isn’t clear what damages can be received in court. Nevertheless it appears that staff can recover their lost salary and other benefits, emotional trouble damages, and punitive damages. It is not at all clear whether or not they may recover attorney’s fees.
Kipa Zararkia required a discrimination lawyer after he was fired for being gay. California employment lawyers helped him get his job and his life back.
