Legal Protections Against LGBT Discrimination in California Law
Federal and state laws both play a crucial role in protecting employees from discrimination based on sexual orientation. Title VII of the Civil Rights Act, as interpreted by the U.S. Supreme Court, prohibits workplace discrimination on these grounds, but it only applies to employers with 15 or more employees. This federal protection is a significant step forward, but it doesn't cover everyone.
California has taken additional measures to ensure broader protections. The Fair Employment and Housing Act (FEHA) extends anti-discrimination laws to employers with as few as five employees, offering more comprehensive coverage for workers across the state. FEHA explicitly prohibits discrimination, harassment, and retaliation in the workplace, ensuring that employees of smaller businesses are also protected from unfair treatment.
Further bolstering these protections, in 2005, Governor Arnold Schwarzenegger signed into law the Civil Rights Act of 2005. This important legislation makes it illegal for public accommodations to discriminate against individuals based on their gender, sexual orientation, or marital status.
Steps to Take If You Have Experienced LGBT Discrimination at Work
If you believe you’re facing discrimination based on your sexual orientation or gender expression in the workplace, it’s important to act quickly and strategically to protect your rights. Here’s what you should do:
Document Everything
Start by gathering evidence of the discrimination. Keep detailed records of incidents, including dates, locations, what occurred, and the names of any witnesses. Save relevant emails, documents, and any other evidence that could support your case.
Report to Your Human Resources Department
Consult your company’s employee handbook for procedures on reporting discrimination. If your employer has a policy in place, follow it by reporting the incidents to your human resources department or another designated representative. If you feel safe doing so, this step can help resolve the issue internally and create a record of your complaint.
Consult an Attorney
Reach out to an experienced sexual orientation discrimination lawyer to discuss your situation. Premier Lawyers can guide you on the best course of action, whether it’s filing a formal complaint with your employer or pursuing legal action. We will help you navigate the process of filing a discrimination claim with agencies like the California Civil Rights Department and the Equal Employment Opportunity Commission (EEOC).
Compensation in LGBT Discrimination Cases
Compensation varies depending on the specifics of your case, but these damages are designed to make you whole and hold the employer accountable for their actions:
- Back pay
Reimbursement for the wages you missed out on due to discriminatory practices. - Front pay
Financial compensation for future earnings if returning to your job is not feasible. - Lost benefits
Recovery of health insurance, pension, and other benefits that were withheld because of discrimination. - Emotional distress
Damages awarded for the mental and emotional toll caused by the discriminatory treatment. - Legal fees
Compensation for the costs of legal representation and court proceedings.
Bringing a claim against your employer for discrimination can feel overwhelming, but the committed team at Premier Lawyers is here to guide you through every stage with ease.
