Work should be a place where every employee feels safe, supported, and able to do their job. This extends beyond the tools and resources needed to complete any assigned work to also include the environment at work in San Diego, CA. Any mistreatment or actions that make the work environment unsafe or uncomfortable could be considered discrimination. In some cases, unfortunately, employees who are part of the LGBTQ community may find themselves being discriminated against at work simply because of their sexual orientation. If you believe you are a victim of LGBTQ harassment at work, you may be able to take legal action. The team at The Law Office of Frank S. Clowney III is ready to assist you.
There are certain personal characteristics that are protected by law at both the federal and state levels. Individuals cannot be mistreated in their workplace based on any of these protected statuses. Poor treatment that is based on a characteristic you cannot control is considered discrimination. Some of the most well-known protected statuses include:
Any unfair or unequal treatment that occurs in the workplace could be considered discrimination if it is based on prejudice. One type of discrimination that may happen to you at work is LGBTQ discrimination.
Mistreatment in the workplace is difficult to deal with. It can cause tension at work, harm working relationships, impact your mental and emotional health, and make it nearly impossible for you to do your work. That poor treatment can be even more difficult to face if it is the result of someone else’s prejudice against the LGBTQ community.
Sex is one of the primary statuses protected by law. In terms of workplace discrimination, that category includes several different things beyond your biological sex. Sexual orientation is protected, which means it is illegal for an employer to discriminate against you based solely on the fact that you identify as gay, lesbian, or bisexual, for example. This category also includes gender identity, which means you cannot be mistreated simply because you are male or female. That protection also extends to transgender and non-binary individuals. It can be difficult to identify LGBTQ discrimination in the workplace, so it is important to be familiar with what kinds of behavior are considered discrimination.
There are many different behaviors and treatments that could be considered discriminatory. In some situations, an individual is intentionally mistreated because they have certain protected characteristics. In other cases, there are policies or rules in place that unintentionally cause problems for those with certain protected characteristics. It is important to understand what kind of discrimination you are facing so you can make the optimal choice moving forward.
Regardless of the type of discrimination you are facing, whether it is intentionally malicious or simply the result of a bad policy, you may have enough evidence to file a legal claim. If you choose to file a claim, it is important that you understand the steps you need to take.
The process of filing an LGBTQ discrimination claim can be long and, at times, confusing. There are many steps you must follow to ensure your case is heard by a judge. You must also document all your information correctly and follow a distinct timeline. An experienced San Diego LGBTQ discrimination attorney can help you through the process.
The first steps are especially important to ensure you can file your claim. These steps are:
If you have grounds to pursue an LGBTQ discrimination claim against your employer, then it is important that you have the correct support and guidance to complete the process successfully. An experienced San Diego LGBTQ discrimination attorney from The Law Office of Frank S. Clowney III can help.
If you do not have any experience with the California legal system, then it can feel overwhelming to file a complaint as significant as a discrimination claim. There are many steps and processes that must be completed within a specific period of time and within specific parameters. An accomplished San Diego LGBTQ discrimination lawyer will have the education, insights, resources, and guidance to ensure that your claim is completed successfully.
A: You are within your rights to sue if you have been the victim of discrimination in California. There are several statuses, including sexual orientation and gender identity, that are protected by state and federal laws. If you believe that an employer, supervisor, or coworker has mistreated you because you are a part of the LGBTQ community, then you will have grounds for a legal claim. An experienced San Diego LGBTQ discrimination attorney can help you navigate your case.
A: If you wish to file a discrimination complaint against your employer, you will have to start the process with the California Civil Rights Department first. This department handles most harassment and discrimination cases and will determine whether you are able to proceed with a discrimination claim. You may be able to file a claim without working with the CRD, but this is only advised for individuals working with a harassment attorney because they will be able to file any necessary paperwork.
A: There are many different characteristics, called protected characteristics, that are legally protected against harassment and discrimination. Many of these statuses are protected at both the state and federal levels of government. Race, gender, religion, sex, disability status, ancestry, age, and sexual orientation are some of the most common legally protected characteristics. If you experience discrimination because of any of these characteristics, you may be able to file a discrimination claim.
A: California has very strong laws that protect employees from mistreatment based on their protected characteristics. Race, sex, gender, religion, and more are all protected from discrimination under the California laws. Employees in California are protected from both disparate treatment and disparate impact discrimination in the workplace. This means that direct actions from an employer and discriminatory policies can both be grounds for a discrimination claim.
You deserve to feel supported, safe, and successful in your workplace. Discrimination or mistreatment based on your sexual orientation or gender identity should not negatively impact your work environment. If you believe you have been the victim of LGBTQ discrimination in your workplace, then you deserve the support and guidance of an experienced San Diego LGBTQ discrimination attorney. Trust the over forty years of experience at The Law Office of Frank S. Clowney III for any discrimination claim.