One of the hot-button issues that has been coming to the attention of any L.A. Sexual Orientation Discrimination Lawyer over the last couple years has to be sexual orientation discrimination. It can be a very sensitive subject for those affected by it; and a confusing one for others. Here’s a quick primer on who is covered under California’s workplace discrimination laws, and how they are protected.
Sexual orientation discrimination at its most basic is treating individuals differently solely because of their sexual orientation, whether they identify as homosexual, bisexual or heterosexual. It can also protect individuals due to the perception that others have of their sexuality. Individuals also may not be harassed based on gender identity, marital status or disability (like being HIV-positive, or being perceived as such).
The discrimination can take many forms. It can happen to both employees or prospective employees. It can be as blatant as not being hired, or being fired, or passed over for promotion due the perception or reality of a person’s sexual orientation. Whether the discrimination is the result of explicit, written policies, or subtle, unspoken practices, it is just as unlawful. Workplace benefits is another arena in which employers may discriminate based on sexual orientation.
If an employer is aware that an employee–based on his or her sexual orientation–is being harassed by a co-worker, and the employer does not take steps to prevent the harassment from continuing, then the employer may be held liable for allowing workplace harassment. Sexual orientation harassment includes, but is not limited to, jokes, comments, leering or other unwelcome behavior. .
If you feel you are the victim of sexual orientation discrimination or harassment, contact Jackson & Associates, the L.A. Sexual Orientation Discrimination and Harassment Lawyers that concentrate in workplace discrimination cases.