Examples of Sexual Orientation Discrimination at Work in California

Despite California’s reputation for progressive views on LGBTQ+ rights, discrimination based on sexual orientation still occurs in many businesses. Even with strong legal protections, employees frequently encounter covert and overt forms of discrimination that impede their well-being and ability to advance professionally. Knowing examples of sexual orientation discrimination at work in California is helpful in understanding when injustice occurs and how to proceed.

What Is Sexual Orientation Discrimination at Work?

Sexual orientation discrimination occurs when a person is treated unfairly due to their sexual orientation, including those who identify as gay, lesbian, bisexual, heterosexual, or otherwise. This type of discrimination also applies to perceived sexual orientation. For example, if a manager assumes a heterosexual employee is gay and treats them poorly based on their assumption, this still constitutes sexual orientation discrimination.

In California, this type of discrimination is unlawful. Employees are protected from sexual orientation discrimination through the Fair Employment and Housing Act. The law applies to hiring practices, work conditions, and other employment terms. The California Civil Rights Department also enforced these rules.

Examples of Sexual Orientation Discrimination at Work in California

Sexual orientation discrimination can be overt, such as through making direct and rude comments, or it can be more discreet, such as firing a person based on their sexual orientation and claiming it was for a different reason. Some common examples of sexual orientation discrimination in the workplace include:

• Refusing to hire someone based on their sexual orientation. An example of this would be if an openly gay man applies for a job he is qualified for. The hiring manager comments on his sexual orientation and instead hires a heterosexual woman who is less qualified for the job.
• Harassment. An example of harassment based on sexual orientation would be an employee constantly receiving slurs, jokes, and even threats based on his sexual orientation from his colleagues. Despite informing the company’s HR department about the harassment, nothing has been done to rectify the issue.
• Unequal treatment. Unequal treatment can look like a lesbian employee receiving harsher performance reviews and being reprimanded for small infractions that her colleagues do not receive punishment for.
• Being denied a raise or promotion. An example of this could be a manager who is gay refusing to promote his heterosexual employees in favor of gay workers, especially if they are less qualified to do so.
• Retaliation for reporting discrimination. If a person reports discrimination and they experience retaliation for it, such as being demoted or fired, the employer may incur penalties. Employees are legally protected from retaliation for reporting discrimination.

Sexual Orientation Discrimination Statistics

Despite the progression toward accepting different forms of sexual orientation, discrimination unfortunately still exists. Studies show that LGBTQ workers still experience workplace discrimination.

An analysis conducted by the Williams Institute showed that 45.5% of LGBT workers reported receiving unfair treatment at work, including being fired, denied employment, or harassed because of their sexual orientation or gender identity. 31.1% of them declared that they were subjected to discrimination within the last five years.

67.5% of LGBT employees claimed they heard negative comments, jokes, and/or slurs about their sexual orientation at work, and many of them claimed to have been called negative and derogatory terms to their faces.

Unfortunately, the prevalence of discrimination often leads to fear. Unfair treatment goes unreported due to worries that an employee may lose their job or face additional unfair treatment.

Filing a Discrimination Complaint

If you have been discriminated against at work based on sexual orientation, there are steps you can take to ensure justice is served. First, be sure to file a complaint with your employer’s human resources department. Many jobs outline in the employee handbook how to report cases of discrimination. Be sure to submit the complaint in writing so that there is evidence of your communication.

If reporting to HR does not yield results, you may file a complaint with the California Civil Rights Department. They will investigate your claim and can even help provide mediation or take action to hold your employer accountable.

Seek legal advice from a discrimination attorney. They can inform you of your options and represent you in court if your case goes to trial. They can ensure that you have all the evidence you need to build a strong case. If your case goes to trial, it may be filed with a superior court, such as the one in Los Angeles at 111 North Hill Street or in San Francisco at 400 McAllister Street.

FAQs

Q: What Is an Example of Sexual Orientation Discrimination in the Workplace?

A: An example of sexual orientation discrimination in the workplace is a manager refusing to hire someone because he is gay, even though he is qualified. The employer instead chooses a less qualified employee because he is heterosexual. This act violates the Fair Employment and Housing Act, and the employer can face repercussions for his actions.

Q: What Is Considered Sexual Discrimination in the Workplace?

A: Sexual discrimination happens when an employee is treated unfairly because of their sex, gender identity, or sexual orientation. This includes discriminatory employment practices, unfair compensation, harassment, and denials of advancement due to these reasons. In addition to requiring companies to provide equal treatment and opportunities regardless of sexual orientation or gender identity, California law protects individuals from such behavior in any workplace.

Q: Can Employers Discriminate Based on Sexual Orientation?

A: No, employers cannot discriminate based on sexual orientation. It is against the law to do so. This covers all hiring, promotion, pay, and termination decisions related to employment. Both federal (Title VII) and state (FEHA) laws forbid this kind of discrimination and give impacted parties legal recourse. An attorney can help you in this legal process.

Q: How Do I Prove Sexual Orientation Discrimination?

A: You can prove sexual orientation discrimination by gathering evidence such as emails, text messages, witness statements, and performance reviews. Keep an eye out for patterns of unfair treatment, hurtful comments, or reprisals. Examine how others in comparable roles are treated in comparison to your experience. Your case can be strengthened by speaking with an employment lawyer and submitting a complaint to the California Civil Rights Department (CRD).

Contact The Law Office of Frank S. Clowney III Today

If you or someone you know was discriminated against at work based on your sexual orientation, The Law Office of Frank S. Clowney III can help you seek justice. Contact us today to fight for your rights.