Riverside Sexual Orientation
If you believe that you have been discriminated against because of your sexual orientation, it can certainly be disheartening to learn that no federal law explicitly prohibits workplace discrimination due to your sexual orientation or gender identity. However, this doesn’t mean that you are left with no legal recourse. A knowledgeable Riverside sexual orientation discrimination attorney can help you determine how to protect yourself and your rights adequately.
What Is Sexual Orientation Discrimination in the Workplace?
Sexual orientation discrimination in the workplace occurs whenever an employee faces employment discrimination because of their sexual orientation or their perceived sexual orientation. Therefore, when an adverse employment action is taken, or an employee is harassed or subjected to differential treatment because they are gay, lesbian, straight, bisexual, transsexual or transgender, it is a form of sexual orientation discrimination.
Examples of Sexual Orientation Discrimination in the Workplace
What does sexual orientation discrimination in the workplace look like? In some cases, it is obvious. In others, it can be subtle. The following examples may help you recognize it:
- A promising potential employee is not hired or has a job offer withdrawn because of their actual or perceived orientation.
- An LGBTQ employee is harassed or expected to tolerate a hostile working environment.
- A bisexual employee is paid less than coworkers who perform the same work.
- An employee is denied training opportunities because they are gay.
- An employee is passed over for a promotion in favor of a less-qualified coworker because they are a lesbian.
- An employee is denied the same spousal health benefits extended to heterosexual couples because their spouse is of the same sex.
- A transgender employee is fired because they are planning to undergo or have made a gender transition.
- An employee undergoing a gender transition communicates their preferred name and pronoun to management and other employees, but they are persistently and intentionally denied their preferred form of address.
The Law and Sexual Orientation Discrimination
Sexual orientation discrimination is a rapidly changing area of law. While no federal statute offers employees explicit protection from it, there are laws that safeguard your rights. For example, Title VII of the Civil Rights Act of 1964 prohibits discriminatory behavior based on sex. The U.S. Equal Opportunity Employment Commission interprets and enforces this existing ban on sex discrimination as barring any employment discrimination based on sexual orientation or gender identity. In addition, many states and municipalities have laws that prohibit sexual orientation discrimination. In California, the Fair Employment and Housing Act flatly forbids employment discrimination because of sexual orientation; discriminatory behaviors fueled by assumptions about sexual orientation are also illegal in the Golden State. It’s also worth noting that many companies have their own anti-discrimination policies, which can offer another avenue for employees battling this form of discrimination.
Sexual Orientation Discrimination Statistics
Sadly, sexual orientation discrimination continues to be a problem in the workplace:
- Roughly 25 percent of LGBT workers report that they have experienced workplace discrimination within the last five years.
- Some 20 percent of LGBTQ people report encountering hiring discrimination.
- Around 22 percent of LGBTQ workers say that they believe discrimination has been a factor when they were being considered for promotion or seeking equal pay.
- Some 10 percent of LGBT employees have left a job because the environment was unwelcoming or hostile.
- Fewer than half of the states in the U.S. have laws explicitly barring workplace discrimination due to sexual orientation.
- In FY 2017, the EEOC received 1,762 claims of LGBT-based sex discrimination.
- The EEOC secured some $5.3 million in monetary relief for victims of LGBT-based sex discrimination in FY 2017.
- Between FY 2014 and FY 2017, the amount of monetary relief secured by the EEOC for victims of LGBT-based sex discrimination has increased by roughly $1 million each year.
- In 1996, just 4 percent of Fortune 500 companies had nondiscrimination policies that included sexual orientation. Today, 92 percent of Fortune 500 companies have policies that safeguard employees from discrimination based on sexual orientation.
- More than 70 percent of Americans support federal laws shielding LGBT people from discrimination in the workplace, housing, and public accommodations.
Do I Need to Hire a Sexual Orientation Discrimination Lawyer?
In California, it is illegal for an employer to discriminate against an employee on the basis of their perceived or actual sexual orientation. Victims of discrimination may be entitled to compensation, including payment for lost wages and benefits, damages for pain, suffering and emotional distress, punitive damages, and attorney’s fees. However, proving any type of discrimination case can be challenging, and there are time limits and procedural requirements involved in filing one. An experienced sexual orientation discrimination attorney is aware of what it takes to build a convincing case. After assessing your case, a skilled attorney can help you gather the necessary evidence, offer invaluable advice regarding your legal options and alternatives, and help you move forward with your chosen strategy effectively.
When you are searching for a trustworthy Riverside sexual orientation discrimination lawyer, turn to the dedicated professionals at Rizio Lipinsky. Firmly committed to serving as an aggressive advocate for California’s employees, we aren’t afraid to tackle tough cases, and we get results. We’ve recovered hundreds of millions of dollars for our clients, and our team of AV-Preeminent Rated employment lawyers is ready to put their expertise to work on your behalf. Contact us today to request a free consultation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky
Sexual Orientation Discrimination Lawyer
I was the victim of harassment at my place of work, based on my same sex relationship and my status as a gay male. I was taunted, called names, humiliated in front of co-workers by my supervisors and manager. When I told my H.R rep and district H.R they did nothing. The last straw was when my H.R and supervisor started telling the general workforce about my sexual status and if they've ever seen me in any lude acts. That's when I took legal acting against the company. Daren was recommend to me by a friend, so i looked him up and read his profile. I was looking for a lawyer who had experience in labor relations, sexual harassment and harassment based on sexual orientation and he fit the bill.
From our first meeting, he made me feel comfortable discussing the full details of what was happening to me at work. He took notes and kept me composed during every meeting we had. He gave me realistic time frames for what was to come moving forward. Standing up to my harassers was not easy but Daren assured me that I was making things better for myself and others.
Fast forward several months.... Litigation time. He prepared me about the environment we were about to enter. I was extremely nervous and excited at the same time. I wanted to tell the "Big Brown company" I have worked for and still do what they've done to me and how wrong they were to treat me and many others like me that way. So they had the TEAM of lawyers and the district H.R manger on one side and Daren and I on the other. Daren's words were sharp, clear and to the point. To make a long story short, we came to a very fare settlement. I did not loose any wages and still had my job which I've held for 17 yrs.
In the end I left really good for what I've done and I owe it all to Daren, for taking my case, knowing the law and caring for peoples rights in today's society.