How to Prove Sexual Orientation Discrimination at Work in California

In today’s diverse workplace, it’s imperative to understand how to prove sexual orientation discrimination at work in California. Despite progressive laws, many employees still face bias based on their sexual orientation, which makes recognizing and addressing this discrimination crucial for fostering an inclusive environment.

Understanding Sexual Orientation Discrimination

Sexual orientation discrimination in the workplace is a form of bias that targets individuals based on their actual — or perceived — sexual identity.

Despite advancements in workplace rights, according to the Williams Institute, 47% of LGBTQ+ reported being not hired, fired, not promoted, or harassed because of their sexual orientation, leaving two out of every five LGBTQ+ Californians struggling to pay their bills. Understanding how this discrimination manifests is crucial, and some forms of sexual orientation discrimination can include:

• Hiring and firing practices. Applicants are denied employment or terminated because of their sexual orientation.​
• Promotion denials. Managers overlook qualified individuals for promotions in favor of less qualified employees due to bias.​
• Harassment. Enduring derogatory remarks, jokes, or hostile behavior related to one’s sexual orientation constitutes harassment.​
• Unequal compensation. LGBTQ+ individuals may receive lower wages or benefits compared to heterosexual counterparts performing the same job.​

Whether it’s through unfair hiring practices, unequal compensation, or harassment, discrimination can have serious repercussions on an individual’s career and mental well-being. By understanding the different ways discrimination can occur, employees and employers alike can take proactive steps to foster a respectful and supportive work environment.

Legal Protections in California

California is known for its progressive stance on LGBTQ+ rights, and the state offers robust legal protections to safeguard against sexual orientation discrimination in the workplace. These protections aim to create an inclusive environment where employees can thrive, and they include:

• Fair Employment and Housing Act (FEHA). This law prohibits employment discrimination based on sexual orientation, among other protected characteristics.​
• Unruh Civil Rights Act. This enables all individuals to receive full and equal accommodations, advantages, facilities, privileges, or services in business establishments, regardless of sexual orientation.​
• California Constitution. This provides equal protection under the law, safeguarding individuals from discrimination.​

Though California’s legal framework provides a strong defense against sexual orientation discrimination, that doesn’t mean all employers comply. LGBTQ+ employees can leverage these protections to fight against discrimination. By doing so, they can work toward creating a more equitable professional environment by holding employers accountable.

Proving Sexual Orientation Discrimination

Proving sexual orientation discrimination in the workplace can be a complex and challenging process, requiring careful documentation and evidence. That is why understanding how to gather and present the right information is essential for individuals who believe they’ve faced discrimination based on their sexual orientation. To build a case, you should:

1. Document incidents. Maintain detailed records of discriminatory actions, including dates, times, locations, involved parties, and descriptions.​
2. Gather evidence. Collect emails, messages, performance reviews, or any documentation that supports claims of discrimination.​
3. Identify witnesses. Seek out colleagues who can corroborate instances of discrimination or harassment.​
4. Report internally. Utilize internal channels, like human resources, to report discriminatory behavior. Make sure all complaints are documented.​
5. File a complaint. If internal resolutions prove unproductive, file a complaint with the Civil Rights Department (CRD).​
6. Consult legal counsel. An experienced employment attorney can not only provide you with guidance, but they can also help you gather the evidence you need to prove your allegations.

Although the process can be daunting, having the right evidence and a clear strategy can be crucial for securing a fair resolution. By taking the proper measures, individuals can hold employers accountable and make sure workplace discrimination is addressed.

Challenges in Proving Discrimination

Proving sexual orientation discrimination in the workplace is rarely straightforward. While several laws protect employees, some of the major challenges in proving a sexual orientation discrimination case include:

• Subtle bias. Discrimination isn’t always obvious, and subtle biases can be challenging to document.​
• Retaliation fears. Employees may fear retaliation, which can deter them from reporting discrimination.​
• Lack of witnesses. Discriminatory acts might happen in private, which can make it harder to find witnesses.​ Alternatively, witnesses might fear retaliation for speaking out.

Although proving sexual orientation discrimination can be challenging, it’s not impossible. By recognizing the difficulties — whether it’s subtle bias, the risk of retaliation, or the lack of witnesses — employees can take proactive steps to build a strong case. With the right documentation, support, and legal guidance, individuals can overcome these challenges and work toward achieving a fair and just outcome in their discrimination claims.

FAQs

How Can I Protect Myself From Sexual Orientation Discrimination Before It Happens?

To proactively protect yourself, familiarize yourself with your company’s anti-discrimination policies, and make sure they include sexual orientation. Consider discussing your concerns with HR if necessary, and keep records of any relevant conversations. Additionally, fostering relationships with allies in the workplace can provide support, should discrimination arise. Awareness and preparation are key to navigating potential challenges.

Can Sexual Orientation Discrimination Happen in Remote Work Environments?

Yes, sexual orientation discrimination can still happen in remote work environments. While the physical office setting may be absent, bias can manifest in virtual meetings, emails, or exclusion from opportunities. Discriminatory comments or behavior can still be problematic, and employees have the right to report issues to their employer or legal authorities for resolution.

Can I Still File a Discrimination Claim If I No Longer Work at the Company?

Yes, you can still file a discrimination claim, even after leaving the company. In California, you generally have three years from the discriminatory act or your departure to file a complaint with the CRD. If you were unfairly treated because of your sexual orientation, it’s important that you act promptly.

How Can Bystanders Help in Cases of Sexual Orientation Discrimination at Work?

Bystanders can step in when witnessing discriminatory behavior. They can offer support to the affected individual, document incidents and, if they are comfortable doing so, report the behavior to HR. Creating a culture of allyship and standing up against discrimination helps promote an inclusive environment. It can also reduce the likelihood of retaliation against those experiencing discrimination.

Don’t Suffer in Silence

Proving sexual orientation discrimination at work in California requires vigilance, thorough documentation, and an understanding of legal protections. If you’ve been subjected to such discrimination, the Law Office of Frank S. Clowney III can provide guidance, tailored to your situation.

Contact our office to schedule a consultation.