Sexual Orientation Discrimination can take a variety of forms. It generally involves an employee being subjected to negative treatment at work because of their sexual orientation, gender identity or their perceived sexual orientation. The employee can be homosexual, bisexual or heterosexual. Common adverse employment actions can range from disciplinary actions, negative reviews, denial of advancement, denial of promotions and termination. It can also result in the employee being harassed or ostracized.
Discrimination based upon the sexual orientation of an employee or applicant is prohibited under the federal Title VII of the Civil Rights Act of 1964 the California Fair Employment and Housing Act, Government Code §12940. Same-sex sexual harassment is also illegal. The Equal Employment Opportunity Commission (EEOC) has held that intentional discrimination against a transgender individual because that person’s gender identity is, by definition, discrimination based on sex and therefore violates Title VII. The number of sexual orientation discrimination complaints lodged with the EEOC is increasing year-over-year at about a 30% increase per year.
As with most discrimination laws, numerous exceptions apply, including which employers are under the requirements of the California Fair Employment and Housing Act. If you have questions regarding discrimination or harassment based upon sexual orientation, you should contact our offices for a case evaluation.
For more information or for a free evaluation call 1-877-219-8481