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California Sexual Orientation Discrimination Laws
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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.
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What is Gender Discrimination Law?
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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.
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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.
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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
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Harris & Kaufman
Can Help You |
Harris & Kaufman is a Los Angeles area law firm that's dedicated
to representing employees in disputes against their employers to
do with sexual orientation discrimination in California. 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 Labor Commissioner.
Determined and aggressive, our cases include individual disputes
and class action lawsuits.
We are aggressive and experienced lawyers and can help enforce
your rights under California state law or state regulations. Based
in Sherman Oaks, Cal. we serve greater Los Angeles, Orange County,
Ventura County, San Diego, San Francisco, Oakland, and have cases
statewide.
Think you have a claim? Email
Here
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