Sexual Orientation

Sexual Orientation Page

In California it is unlawful to discriminate against or harass in employment and/or housing because of someone's actual or perceived sexual orientation. The law protects heterosexual, gay, lesbian, bisexual, transgender, transsexual, and other classifications of orientation from differential treatment because of status and provides damages in situations where status/orientation has played a motivating factor in an adverse employment or housing decision. The Dolan Law Firm is a diverse firm which has a record of our success in representing the rights of dozens of members of our diverse community with outstanding results. Contact us if you believe that you have been a victim of unlawful treatment on account of your orientation or status. We work on a contingency fee and only get paid if we receive a recovery for you.

To view the law, click here.

Unlawful discrimination occurs when you are denied a job, promotion, are terminated or a term or condition of employment is changed adversely in whole or in part because of your orientation/status.

Unlawful harassment can take many forms such as; name calling; jokes; exclusion from important meetings and functions; being told you are too gay; being told not to discus your orientation with others; being denied the right to bring your partner to company functions; etc.

Employers can implement policies that affect all individuals equally, i.e. no partners/spouses rule at company functions. They can not, however have special rules which apply only to members of the LGBT community such as restrictions on kissing your partner/spouse in the workplace or prohibitions on displaying photographs of your partner/spouse. An employer can not retaliate against you for opposing unlawful conduct.

CAN YOU QUIT IF CONDITIONS ARE INTOLERABLE

The law recognizes that sometimes conditions get so bad that people have no reasonable alternative but to quit their employment rather than endure continued unlawful conduct. An employee can not just quit and sue because of one simple incident. The conditions must be of such severity and frequency that a reasonable person would thing that they have no alternative and that they were in effect, constructively terminated. You should first report the conditions through your company's complaint procedure, where possible, before you quit or your rights to recover damages may be reduced. For more information on constructive wrongful termination, click here.

WHAT TO DO IF YOU HAVE BEEN TREATED UNLAWFULLY

Many companies have policies regarding anti discrimination and harassment in their company handbooks. Likewise, they may have reporting requirements which require that you follow a certain channel fo communication in requesting an accommodation and/or reporting harassment, discrimination and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages.

You have a limited period of time to act to protect your rights. Failure to act promptly may eliminate your rights to take legal action. For more information on these statutes of limitations, click here.

If you believe that you are being discriminated against or harassed because of your disability contact The Dolan Law Firm for a free case evaluation.

An individual who has suffered unlawful conduct, inc California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct. Information on, and forms provided by, the DFEH and its complaint process can be found at http://www.dfeh.ca.gov/complaint.asp.

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