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LGBTQ Discrimination Attorneys in Los Angeles: Defending Equality

Los Angeles has long been a trailblazer when it comes to LGBTQ rights and protections. As the second-largest city in the United States and home to one of the country’s largest LGBTQ populations, Los Angeles has passed several groundbreaking laws aimed at fostering a more inclusive society. However, despite these advancements, discrimination against LGBTQ individuals remains an unfortunate reality, especially in the workplace.

A City of Progress and Inclusion

Los Angeles has set the standard for other cities by implementing some of the first LGBTQ-friendly laws and protections in the nation. These laws have created a more vibrant and tolerant environment, but challenges persist. Discrimination in the workplace remains a common issue, affecting many LGBTQ individuals who are still fighting for the equality and respect they deserve.

For decades, members of the LGBTQ community have been at the forefront of the battle for civil rights, equality, and representation. However, despite significant progress, many still face discrimination and unfair treatment in their places of work.

Why Does Workplace Discrimination Persist?

Even in a progressive city like Los Angeles, employers may engage in discriminatory practices that target LGBTQ individuals. Whether it’s through subtle bias, overt harassment, or wrongful termination, these actions violate the rights of LGBTQ workers and contribute to a hostile work environment. If you or someone you know has experienced such discrimination, it’s essential to seek legal help.

Q: What should I do if I experience LGBTQ discrimination at work in Los Angeles?

A: If you face workplace discrimination based on your sexual orientation or gender identity, it’s important to document the incidents and consult with an experienced attorney who specializes in LGBTQ discrimination cases. Legal professionals can guide you through your options, whether it’s filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing a civil lawsuit.

The Fight for Equality Continues

While Los Angeles is a leader in LGBTQ rights, there is still much work to be done. Despite laws that prohibit discrimination, many LGBTQ employees find themselves subject to unfair treatment, whether through reduced opportunities, unequal pay, or harassment. Employers must be held accountable, and employees should not have to face these challenges alone.

If you or a loved one has faced discrimination for being part of the LGBTQ community from your employer, contact our Los Angeles discrimination attorneys today. Our attorneys will hold a confidential no risk consultation where we will discuss the merits of your claim, and discuss the potential damages you could receive for the discrimination.

We understand that it could be very difficult, oftentimes a very traumatic experience to endure discrimination at work. Many employees are left scrambling trying to look for their options. Other employees don’t even know that they may have a claim against their employer for compensation.

With Los Angeles housing one of the largest LGBTQ populations, members of the LGBTQ community are employed in various industries, including entertainment, service jobs, administrative jobs, medical jobs, etc. Unfortunately, one in five of all reported hate crimes had to do with bias against sexual orientation. 82% of those crimes were anti-gay, and 14% of those crimes were anti lesbian.

California LGBTQ Anti-Discrimination Laws: Protecting Workplace Rights

California has long been at the forefront of progressive legislation, especially when it comes to protecting the rights of marginalized communities. One of the most significant protections in place is aimed at safeguarding LGBTQ individuals from discrimination in the workplace. These protections are enshrined in California’s Fair Employment and Housing Act (FEHA), specifically under California Code Section 12926(s).

What is Sexual Orientation Under California Law?

According to Section 12926(s) of the California Code, sexual orientation is explicitly defined as “heterosexuality, homosexuality, and bisexuality.” This broad definition ensures that individuals, regardless of their sexual orientation, are protected from discrimination in various aspects of employment.

But what does this mean for employees and job seekers? Under this law, it is illegal for any employer in California to:

  • Refuse to hire someone based on their sexual orientation.
  • Deny them access to training programs that lead to employment.
  • Fire or otherwise terminate someone due to their sexual orientation.
  • Discriminate against an employee in terms of compensation, benefits, or any other privileges related to employment.

This protection is not limited to companies based solely in California. Businesses that operate within the state, even if they were formed elsewhere, must adhere to these anti-discrimination regulations when conducting operations in California.

Does This Law Apply to All Employers?

Yes. All employers, regardless of where they are headquartered, must follow these anti-discrimination laws if they have operations in California. Whether you are a small business owner or a large multinational corporation, the protections offered under FEHA apply as long as you are operating within the state’s borders.

What Should You Do If You Face Discrimination?

If you believe you have faced discrimination due to your sexual orientation, there are steps you can take. First, document the incidents and gather any relevant evidence. Then, consider filing a complaint with the California Department of Fair Employment and Housing (DFEH). They will investigate your claims and may take further action if a violation of the law is found.

You can also seek legal counsel to understand your rights and the best course of action in your situation. Legal resources and advocacy groups, such as Lambda Legal and the ACLU, also provide guidance on these matters.

Are LGBTQ Workers Protected in Other States?

While California has strong anti-discrimination laws, protections for LGBTQ workers can vary from state to state. It is important to understand the local regulations in your area if you work outside of California. However, the federal Supreme Court ruling in Bostock v. Clayton County (2020) extended protections under Title VII of the Civil Rights Act of 1964 to include discrimination based on sexual orientation and gender identity nationwide.

For more information about this ruling and its implications, check out this article from Fox 11 and how it impacts LGBTQ protections across the country.

The Impact of LGBTQ Discrimination on the Workplace

Studies show that workplace discrimination against LGBTQ individuals can lead to increased stress, lower job satisfaction, and even poor mental health outcomes. According to a report from the Williams Institute at UCLA, nearly 45% of LGBTQ employees have experienced discrimination or harassment in the workplace, which often leads to reduced productivity and higher turnover rates.

Examples of LGBTQ Discrimination at Work

Workplace discrimination based on sexual orientation or gender identity is an unfortunate reality that many members of the LGBTQ community face. Discrimination can manifest in a variety of ways, both directly and indirectly, creating hostile or unfair work environments. It’s important to be aware of the forms of discrimination LGBTQ employees may experience so that we can work towards more inclusive workplaces.

Common Examples of LGBTQ Discrimination in the Workplace

Here are some of the most frequent ways LGBTQ discrimination can occur in the workplace:

1. Refusal to Hire Based on Appearance

One common form of discrimination occurs during the interview process when an employer refuses to hire a candidate solely because they belong to the LGBTQ community. This type of discrimination may be based on appearance or assumptions related to a person’s gender identity or sexual orientation. This kind of bias is not only unethical but also illegal under anti-discrimination laws, such as Title VII of the Civil Rights Act.

2. Promotion Denied Due to LGBTQ Identity

Even if hired, LGBTQ employees may face discrimination when trying to advance within a company. Employers may unjustly refuse to promote qualified individuals solely based on their membership in the LGBTQ community. This is a serious issue that denies equal opportunities for growth and career development, despite an individual’s qualifications and performance.

3. Discharge Upon Learning of LGBTQ Status

Some employers may take discriminatory actions by terminating an employee once they discover their sexual orientation or gender identity. This type of wrongful termination not only harms the individual financially but also creates a toxic atmosphere in the workplace, perpetuating fear and inequality.

4. Reduction in Hours, Pay, or Benefits

LGBTQ employees might experience a reduction in hours, salary, or benefits after their employer learns of their sexual orientation or gender identity. This type of discriminatory action may not always be overt, making it difficult for employees to pinpoint, but it is no less harmful.

Q: What are some signs that you’re being discriminated against at work due to your LGBTQ identity?

A: Signs can include sudden negative changes in your work environment, being overlooked for promotions or raises, being assigned less desirable tasks, or experiencing derogatory comments from colleagues or supervisors about your sexual orientation or gender identity.

5. Verbal Harassment and Derogatory Comments

Another example of discrimination involves verbal harassment. LGBTQ employees may be subject to offensive jokes, derogatory comments, or slurs related to their sexual orientation or gender identity. Such behavior creates a hostile work environment, which is detrimental to an employee’s mental health and overall job satisfaction.

6. Discriminatory Treatment from Landlords

Though not directly related to employment, LGBTQ individuals may also face discrimination from landlords. A landlord could increase rent or take other discriminatory actions upon discovering that a tenant belongs to the LGBTQ community. While housing discrimination differs from workplace discrimination, it is another way that LGBTQ individuals face systemic bias in society.

Legal Protections Against LGBTQ Discrimination

LGBTQ workers are protected under various federal and state laws, including the Supreme Court’s 2020 ruling in Bostock v. Clayton County, which clarified that discrimination based on sexual orientation or gender identity is a violation of Title VII. For more information on legal protections, you can check out resources from NBC LA, which often covers legal issues related to the LGBTQ community.

Q: Can you sue for LGBTQ discrimination in the workplace?

A: Yes, under federal law and many state laws, it is illegal for an employer to discriminate against an employee based on sexual orientation or gender identity. If you experience discrimination, you may be able to file a lawsuit or a complaint with the Equal Employment Opportunity Commission (EEOC).

Seeking Help if You Experience LGBTQ Discrimination

If you believe you have been discriminated against due to your sexual orientation or gender identity, it is crucial to know your rights. Document all instances of discrimination and report the behavior to HR or your legal counsel. For more resources on LGBTQ rights in the workplace, check out the coverage on sites like ABC7 and Fox 11, which often provide updates on LGBTQ issues and discrimination cases.

Exceptions to California’s LGBTQ Anti-discrimination Law

These California laws do not apply to nonprofit organizations. It is important to note that  the federal government does not have laws similar to California’s anti-discrimination laws, which means that those who work for the federal government do not enjoy similar workplace LGBTQ discrimination protections. Examples of federal government jobs that do not qualify under these anti-discrimination laws include:

  • Correctional officers
  • Transportation security officers
  • Lumber investigators
  • Food Service workers
  • Members of the U.S. Department of Defense
  • Members of the Customs and Border Protection Agency

What should I do if I have faced LGBTQ discrimination at work in Los Angeles?

Our attorneys advise that you take a variety of steps after being discriminated against at work. These steps include:

  • Document everything regarding the discrimination. Keep detailed information regarding the event that led to the discrimination, along with names and contact information of any other witnesses.
  •  If possible, report to your human resources department at work. Oftentimes, many employees feel as though the human resources department may not be effectively assisting the situation, especially if the  employer who discriminated against you has a high-ranking position.
  •  Contact our Los Angeles employment law attorneys to file a claim against your employer. It is very important that you contact our attorneys immediately.  It is important to seek guidance  and legal support. We are here to help, and to defend your employment rights.

What compensation could I receive if I was discriminated against at work in Los Angeles?

The different types of compensation you could receive depends on the circumstances of the discrimination. Examples of different remedies include, but are not limited to:

  • Attorneys fees
  • Court costs
  • Back pay: this refers to the lost wages as a result of you taking time off work from the discrimination
  • Front pay: this refers to future anticipated wages
  • Emotional distress

Other than money compensation, there could also be several injunctions put in place, such as forcing the employer to conduct LGBTQ training sessions and promoting an anti-discrimination work environment. Failure to do so could be subject to several fines.

What will our Los Angeles LGBTQ attorneys do?

  • We will hold a free no risk and confidential consultation where we will discuss the merits of your claim, and what led to the discrimination at work. During this time, feel free to ask any questions regarding your case and our experience.
  • We have had decades of experience representing employees who have been discriminated against at work, especially those who belong to the LGBTQ community.
  • We have relationships with top rated Los Angeles experts who will establish the emotional distress felt on your end.
  • We will create an efficient and effective legal strategy to pursue your claims.
  • We negotiate and communicate with the other side while you focus on healing from your traumatic experience.

When should I file my workplace discrimination claim in Los Angeles?

Each state has a time limit as to when you could file your claim. If you file your claim too late, you could risk recovering any damages. This is referred to as the statute of limitations. You have one year from the date of the discrimination to file a complaint with the appropriate department. A claim must be filed with the California Department of Fair Employment and Housing. They then provide you with the right to sue, which then you will use to file a civil lawsuit against the defendant. For information as to how to navigate through the legal process of filing a claim with the California Department of Fair Employment and Housing, contact our Los Angeles attorneys today.

Contact our Los Angeles LGBTQ discrimination attorneys if you have been discriminated against by your employer. It is very important to contact our attorneys immediately. Our attorneys are dedicated to representing those who have had their rights taken advantage of at workWe are here for you, and there on your side every step of the way. No employee should have to go through LGBTQ discrimination at work.