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California Sexual
Orientation Discrimination Law ::
Gender Discrimination in the Workplace
What is Sexual
Orientation & Sexual Orientation Discrimination Law?
Sexual
orientation generally refers to a person who identifies as
heterosexual, gay, lesbian, bisexual, or
transgender/transsexual.
California law specifically protects heterosexuals,
homosexuals (gays and lesbians), and bisexuals from sexual
orientation discrimination. It further protects transsexuals
and transgender persons from discrimination. Transsexuals
and transgender persons are those who by their identity,
appearance, and/or behavior appear to be of a different sex
(meaning, male or female) or gender than at birth.
Federal and state laws differ on whether an employer may
discriminate against employees or job applicants because of
their sexual orientation or gender, but in California, the
law is clear that it cannot be done.
What is
Gender Discimination Law?
Gender
has nothing to do with a person's sexual orientation, but
rather, it refers to the behavioral, cultural, or
psychological traits typically associated with one sex. For
example, when a person says that a woman is acting and
dressing "too much like a man," that person is referring to
that woman's gender. Gender is often hard to distinguish
from sex and sexual orientation because of social and
cultural expectations about how a man or woman "should"
behave.
Sexual
Orientation and Sexual Harassment
Although
federal law may not protect an employee who has been
discriminated against because he is gay, a gay employee may
be able to bring a hostile environment sexual harassment or
gender discrimination claim in lieu of a sexual orientation
discrimination claim.
For instance, a court held that co-workers who repeatedly
taunted a gay male employee for acting "like a woman" and
referring to him as "her," created a sexually hostile work
environment. Thus, a gay man harassed as such would have a
discrimination claim on the basis of sex under federal
law.
In another California case, a man who was openly gay worked
as a butler for MGM Grand Hotel. Because co-workers
repeatedly grabbed him from behind, touched his body,
grabbed his genitals, taunted him by calling him feminine
names and endearments, and ridiculed him for walking in a
feminine manner, the California Ninth Circuit held that the
man had a sexual harassment claim and may also have
sufficient gender discrimination claim, as well.
What is
Gender Discrimination?
Any
adverse employment action taken because an employer or
co-worker believed that a male or female employee did not
conform to a certain gender norm, constitutes gender
discrimination and is actionable under both state and
federal law.
What are some examples of gender discrimination in the
workplace?
A woman who is fired for "failing to act like a woman" has a
right to bring a claim for gender discrimination.
Similarly, a man who is fired for "acting too feminine" has
a right to bring a claim for gender discrimination.
Remedies for sexual orientation discrimination (in state
court) and gender discrimination (in state and federal
court)
Employees who are subject to unlawful termination and
harassment may be liable to recover the following:
Past lost wages and other benefits
Future lost wages and other benefits
General damages, including emotional distress and pain and
suffering
Punitive damages
Attorney's fees
Injunctive relief
Harris &
Kaufman Can Help With Gender Discrimination and Sexual
Orientation Cases
Harris & Kaufman is a
California law firm that's dedicated to representing
employees in disputes against their employers to do with
sexual orientation discrimination in California. Our
California
labor lawyers also
represent employees and workers in wage disputes,
overtime
pay,
vacation
pay, unlawful
termination, rest and meal period cases, sexual harassment,
workplace discrimination, and cases regarding tips and tip
pooling. Our lawyers can assist you if you believe that your
employer has broken the California Labor Laws.
Our employment attorneys are experienced and have had
numerous trials, arbitrations, and appeals and have
litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and
federal court and in administrative proceedings before the
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the California pay laws. We are aggressive and
experienced lawyers and can help enforce your rights under
California state law or state regulations. Based in Sherman
Oaks, California we serve greater Los Angeles, Orange
County, Ventura County and have cases statewide.
To
email William E. Harris about a claim you may have
Click
Here
Sexual
Orientation Discrimination Law California & Gender
Discrimination Law CA Page Summary: Sexual
Orientation Discrimination Law in California. California
Labor Lawyers Harris & Kaufman are experienced
employment attorneys and labor lawyers who can assist you
with the California Labor Laws to do with sexual orientation
discrimination, gender discrimination laws, and gender
discrimination in the workplace in Ca State.
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