California’s labor and employment laws protect the LGBT community against discrimination over gender identity or sexual orientation. In fact, California has some of the strongest protections for workers in the LGBT community. However, some employers illegally discriminate against gay, lesbian, bi-sexual, and transgender people.
You should get in touch with a top Los Angeles LGBT discrimination lawyer right away if you believe you have been fired, discriminated against, or harassed due to your sexual orientation or gender. With the help of an attorney, you can hold your employer liable for their unlawful actions and secure fair compensation for your losses.
The Fraigun Law Group helps LGBT employees enjoy equal and fair employment opportunities. We fight to uphold your rights and win the compensation you deserve. Call us today at 818-981-1800 for a free consultation with our top-rated Los Angeles employment law attorney.
What Is LGBT Discrimination?
According to the EEOC, LGBT discrimination encompasses harassment and discrimination in any area of employment such as hiring, firing, promotions, benefits, etc. based on sexual orientation or gender identity.
Victims of LGBT discrimination at work can include:
- Gay men
- Bi-sexual men and women
- Transgender women and men
- Nonbinary people
The federal government and states have passed laws that seek to protect the LGBT community from discrimination and harassment in the workplace. While much progress has been made, LGBT rights are not fully accepted in society.
For this reason, lawyers must sometimes step in to protect the rights of workers facing discrimination. At Fraigun Law Group, our legal team will look into your case and determine whether you can file a discrimination claim.
Common Types of Discrimination
There are several types of workplace discrimination against LGBT employees and discrimination can happen at any stage of the employment process.
The following actions are some common examples of discrimination that the LGBT community may face in the workplace:
- Failing to hire a qualified job candidate
- Wrongfully terminating an employee
- Failing to promote someone
- Denying an employee work training given to all the other staff
- Low-performance rating despite them being hardworking
- Refusing to give benefits to workers in same-sex relationships while others receive benefits
- Subjecting them to taunting, mean comments, and harassment due to sexual orientation
- Retaliation, like poor performance ratings, when they file a discrimination complaint
Compensation for LGBT discrimination claims in Los Angeles depends on the circumstances of the case. Damages can include compensation for emotional and mental distress due to the experience, and punitive damages to penalize the employer.
Employers who wrongfully terminate employees may have to reinstate them to their positions. The court may require them to pay the employee all their dues and lost wages for the money they would have earned while still employed. An employee may request attorney fees from the employer.
Does Title VII Prohibit LGBT Discrimination?
In 2020, employment discrimination on the basis of one’s sexual orientation or gender identity was made illegal on a federal level under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex or gender. This is after the Supreme Court landmark ruling that discrimination stemming from an individual’s status as a homosexual or transgender violates this law.
You should note that this law only applies to employers with at least 15 employers.
What Does the California Employment Law Say About the LGBT Community?
Understanding your rights as a member of the LGBT community can help you seek justice against biased employers. California law promotes equality and fair treatment of all employees.
In 2005, Governor Arnold Schwarzenegger signed into law the Civil Rights Act of 2005. The Civil Rights Act makes it illegal for public accommodations to discriminate against people due to their gender, sexual orientation, or marital status.
The Fair Employment and Housing Act (FEHA) explicitly prohibits discrimination, harassment, and retaliation against employees in all stages of employment. However, this law only applies to employers with 5 or more employees.
As opposed to claims filed under Title VII, there are no limits to the amounts recoverable in compensatory and punitive damages in claims based on the FEHA.
What Should LGBT Employees Facing Discrimination Do?
If you believe you are the victim of LGBTQ workplace harassment or unfair treatment, take the following actions.
Gather Evidence and Document Everything
The first step to protecting your rights is ensuring that you have evidence and information. Keep a record of what occurred by writing it down. Include the date, location, what happened, and anyone present. Make a list of the witnesses’ names. Keep emails, documents, and files related to the incident.
Follow Company Policy
Most of the time, the company handbook describes the procedure for reporting harassment or a hostile work environment. Follow company policy for addressing discrimination, and keep careful records of what steps you’ve taken and how the company responds.
Call an Attorney
You need to get in touch with an attorney as soon as possible to give you the best chances of success in your claim. An attorney will assess your case and advise you on the best course of action. An attorney will also ensure that your claim is filed properly and with the right agencies within the set deadlines.
At Fraigun Law Group, it is our belief that no one should be treated unfairly or harassed because of their sexual orientation or gender identity.
Filing an LGBT Discrimination Lawsuit
A reputable Los Angeles LGBT discrimination lawyer can guide you on the legal process to take. They will listen to your complaints and advise you accordingly. They will then help you file a complaint through federal and state agencies that handle discrimination cases like yours.
An attorney can help you file a complaint with the Equal Employment Opportunity Commission (EEOC). You must complete an online inquiry and then the EEOC will interview you. After that, you can proceed to file your discrimination claim. Your employer will then receive serving documents about the discrimination lawsuit.
The plaintiff’s and the defendant’s team may start a deposition hearing where they get to interview each other and examine the evidence. Whether the case proceeds to court or ends with a settlement, your lawyer ensures you get justice. Following the right steps makes the process smoother and less stressful.
Why Do I Need a Lawyer for My LBGT Discrimination Case?
While you could decide to represent yourself in your case, it is worth noting that there are many complicated rules and procedures. A lawyer has the legal know-how and understands the process perfectly. It means that you can rest assured that an expert is handling your case. Most companies have lawyers ready to defend them from discrimination claims, so you need an experienced attorney in your corner.
Hire an Experienced Los Angeles LGBT Discrimination Lawyer!
Talk to our expert LGBT discrimination lawyer in Los Angeles today. At Fraigun Law Group, we understand the legal requirements to guide you in fighting for what you deserve. Our goal is to ensure that LGBT employees have a chance to earn a decent living and enjoy working in safe and healthy work environments.
We help our clients get their lost wages and lost benefits and restore their dignity in the job market. We also ensure that rogue employers pay for breaking the law and propagating bias toward members of the LGBT community.
If you recently lost your job or faced harassment, call us at 818-981-1800 for immediate assistance. Get started now to find out if you have a valid LGBT discrimination claim. We offer a free initial consultation.