Sexual Orientation Discrimination at Work

Sexual orientation discrimination in the workplace is not only unfair, but it is illegal under California and federal law. It occurs when an employer treats an employee differently based on their actual or perceived sexual orientation.

What is Sexual Orientation Discrimination at Work

Sexual orientation discrimination involves unfair treatment due to an individual’s sexual orientation.

Discrimination can also occur if an employer assumes your sexual orientation and acts on that assumption. Understanding these elements is essential to recognizing when your rights are being violated.

Examples of Sexual Orientation Discrimination at Work

Sexual orientation discrimination can manifest in various ways, each damaging in its own way. Common examples include:

• Hiring or Firing Bias: Being overlooked for a job or terminated despite strong performance, while others are not.
• Pay Gaps: Earning less than colleagues doing the same work, with orientation as the only difference.
• Harassment: Facing offensive remarks, “jokes,” or slurs about your orientation.
• Exclusion: Being left out of meetings, projects, or social events that others join freely.
• Retaliation: Experiencing discipline or demotion after reporting discrimination.

Subtle forms, like exclusion from informal networks or stereotyping in assignments, also qualify as discrimination.

Laws Protecting Your Rights at Work

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees. It explicitly bans discrimination based on sexual orientation and gender identity, while also prohibiting retaliation for reporting issues.

California’s FEHA is one of the nation’s most comprehensive anti-discrimination laws, providing employees with powerful tools to combat workplace bias.

How to Protect Yourself if you Experience Sexual Orientation Discrimination at Work

If you suspect sexual orientation discrimination, taking prompt action is essential. Follow these steps:

1. Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
4. File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the Equal Employment Opportunity Commission (EEOC) within 300 days for federal claims. An attorney can help with filing these claims.
5. Get Legal Advice: An experienced attorney can guide you through the legal process and help secure your rights.

Time is critical, delays can weaken your case.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.