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sexual orientation discrimination
Historically, anti-discrimination laws have provided little or no protection to lesbian, gay, bisexual and transgender people. This void in our legal system left a substantial portion of our population without protection from employment discrimination. Today, there is still no federal law expressly prohibiting discrimination on the basis of sexual orientation, and only seventeen states and the District of Columbia have laws that make illegal sexual orientation discrimination in employment.
In California, sexual orientation discrimination in employment is against the law. Sexual orientation discrimination means treating someone differently because they are lesbian, gay, straight, transgender, or bisexual. Sexual orientation discrimination may also occur as a result of someone’s perception about another’s sexual orientation. Although California does not specifically prohibit discrimination on the basis of gender identity, meaning one’s self-identification as a man or a woman in spite of one’s anatomical sex at birth, such discrimination may, depending on the specific circumstances, fall under either sexual orientation or sex discrimination. The same can be said for discrimination against those who do not conform to gender stereotypes.
Like other types of employment discrimination, sexual orientation discrimination can take many forms, including, but not limited to:
- Discrimination in hiring, recruitment and advancement: Job requirements and criteria for hiring and promotion must be uniformly and consistently applied to all employees.
- Harassment or hostile work environment: Similar to sexual harassment, the law prohibits unwelcome verbal, visual, or physical conduct based on one’s sexual orientation that is severe, persistent or widespread and creates an abusive or hostile working environment.
- Discrimination in compensation and other terms and conditions of employment: Sexual orientation cannot be the basis for differences in pay, benefits, work assignment, discipline, performance evaluations, training, termination or any other area of employment.
Contact us
The employment law practice group of Boxer & Gerson has wide-ranging experience in dealing with sexual orientation and gender identity issues in employment. If you believe that you are being discriminated against on the basis of your sexual orientation or gender identity, please call us at 510-835-8870 or click here to complete our contact form.
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