Sexual Orientation Discrimination Has No Place in the Workplace

Author: Mesriani Law Group
Posted on: April 23, 2020

What is sexual orientation discrimination?

Sexual orientation discrimination is defined as a form of discrimination towards an individual’s sexual orientation or sexual behavior. Usually the individuals that are being discriminated against are members of the LGBTQ community but there are cases where a heterosexual person is the one experiencing the discrimination. The best way to find out if your sexual orientation or gender is a motive for the discrimination, is to contact a lawyer in California. Our highly skilled discrimination attorneys at Mesriani Law Group will be able to help qualify your case with a few questions.

How do I know if my Gender is the cause for the discrimination I am experiencing?

Sometimes it may be hard to tell what the cause of the discriminatory act is, or if your boss just does not like you. If anyone makes a comment about gender or sexual orientation that causes you to feel uncomfortable, that is a pretty good sign of a troubling work environment. Some office members may believe their “jokes” are harmless, but this is untrue in far too many cases. If the comments offend you or you find them embarrassing, you may have a case of discrimination on your hands. Sometimes, the employers do not make direct comments about gender or sexual orientation. You might notice that your coworkers are receiving preferential treatment such as promotions, raises or the recognition that you are missing. If you possess the same skill level and experience of the coworkers that are being treated better than you, please contact our attorneys at Mesriani Law Group to guide you and to ensure that your rights are being protected.

Is it lawful to be terminated for my sexual orientation?

California has a Fair Employment and Housing act (Gov. Code 12940 et seq.) which is usually referred to as “FEHA.” It makes the firing, failure to hire or discrimination in any way due to a person’s sexual orientation unlawful. It is true that California is an “at will” employment state. “At will” means that your employer does not need a reason to terminate you and the employee is not required to provide the employer with a reason upon resigning. This is true as long as there are no public policy violations. One public policy violation would be to terminate someone due to their sexual orientation. In some cases, an employee might complain about the discriminatory behavior he or she has endured. Not too long thereafter, that same employee is terminated without cause. A situation like this calls for a professional lawyer that can help you navigate your way through a sexual orientation lawsuit. Make sure you choose a lawyer that has the experience required to get you the best results.

What should I do if I am unsure of the reason for the discrimination I am experiencing?

When you are a minority at your job, it can sometimes prove hard to pinpoint if the lack of opportunities is related to your sexual orientation. When looking to your colleagues for guidance or advice, you may find that they are not sensitive to the discrimination issues because it is not affecting them directly. Your coworkers might be experiencing their own form of discrimination that is not related to your encounters. The lack of acknowledgment does not negate the existence of the discrimination itself. You might just need a professional that is experienced in California law like an employment lawyer.

Our employment and labor law attorneys are skilled at detecting discrimination. They know the right questions to ask in order to assist you in a way that will be to your benefit. There is nothing to lose by contacting a lawyer but choosing to ignore the signs of discrimination may allow the employer’s bad behavior to go unchecked. You might think that resigning, finding another job and just forgetting about the discrimination might be your best option. Unfortunately, employers that allow discrimination at the workplace do not usually learn lessons just because an employee decided to leave. The longer they get away with mistreating their employees, the more comfortable they become, and the discrimination usually worsens for the next person that is replacing the previously abused. Do not become the enabling factor that tolerates your boss’s unfair treatment towards a protected group. Let our skilled attorneys make an example out of the employers that have caused you the anguish.