Sexual Orientation Discrimination

California’s Fair Employment & Housing Act prohibits sexual orientation discrimination against lesbian, gay, bisexual and transgender employees. The Act itself specifically prohibits discrimination against employees based upon their sex or sexual orientation. The Act further describes sex as including, “identity, appearance or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the individual’s sex at birth.”

An employer is prohibited from engaging in sexual orientation discrimination against lesbian, gay, bisexual or transgender employees by terminating, laying off, demoting, or denying advancements or other privileges of employment based upon their protected status. In addition to sexual orientation discrimination, an employer may not refuse to hire an individual simply because of their sexual preference.

As with other claims of discrimination, a claim of sexual orientation discrimination or discrimination based on gender identity can be proven by direct or circumstantial evidence. This includes derogatory statements demonstrating bias against an individual or class of individuals based upon their sexual orientation or gender identity. It also includes evidence that an employer, for example, favored non-LGBT employees over LGBT employees in termination decisions.

Call the attorneys at Freiman Law now for a free sexual orientation discrimination consultation at  (310) 917-1024 or via the form on the right.

By Lawrence Freiman