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Sexual Orientation Discrimination

Pursuing Equality and Civil Rights for Lesbian, Gay, Bisexual, and Transgender (LGBT) Employees

There are no federal laws protecting gays and lesbians from discrimination in the workplace based on their sexual orientation. However, the California Fair Employment and Housing Act (FEHA) prohibits employment discrimination because of sexual orientation and protects homosexual, heterosexual, bisexual, transsexual and transgender employees.

The employment attorneys at Rukin Hyland Doria & Tindall represent employees who have been subjected to discrimination at work based on their sexual orientation or gender identity. We seek to enforce California's anti-discrimination laws and recover damages for workers who have been harmed by sexual orientation harassment or discrimination.

Have you suffered workplace discrimination or harassment because of your sexual orientation or gender identity? Were you fired or not hired because of sexual orientation discrimination? Contact our attorneys online or by phone at 415-421-1800 for a free case evaluation.

What is Sexual Orientation Discrimination?

Employment discrimination based on an employee's sexual orientation or gender identity can be obvious or subtle — but each case must involve an adverse employment action taken because the employee was gay, lesbian, bisexual, transsexual or transgender.

Examples of discriminatory adverse actions by an employer might include:

  • Failing to hire, withdrawing a job offer, or firing an individual because he or she is involved in a same-sex relationship
  • Failing to promote an employee because of his or her sexual orientation
  • Promoting less-qualified employees who are not gay or lesbian
  • Paying an LGBT employee less than other employees performing the same type of work

In addition to prohibiting employers from taking an adverse action against an employee based on sexual orientation, California law also protects employees from workplace harassment, such as threats, abusive behavior or repeated, offensive jokes related to their sexual orientation.

Anti-Gay Bias Based on Appearance or Perceptions

In California, it is also illegal for an employer to discriminate against an employee because of assumptions about sexual orientation. For example, it would be illegal for an employer to fire an employee because he or she thinks or believes that the employee is gay — whether or not the employee is homosexual.

Contact us to Discuss your Sexual Orientation Discrimination Claim

If you have been treated unfairly in the workplace because you are gay, lesbian, bisexual, transsexual or transgender, contact us online or by phone at 415-421-1800, to talk with an experienced employment lawyer.

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Rukin Hyland Doria & Tindall LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
local: 415.421.1800
toll free: 877.887.1800
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