The Joseph Farzam law Firm is dedicated to protecting the rights of the LGBT community in the workplace. Gay rights in the workplace continues to pose a major obstacle to equality for all sexual orientations in our society. Our attorneys have successfully taken on the largest employers in Los Angeles and across California, obtaining tens of millions of dollars in verdicts and settlements.
Forms and Sexual Orientation Discrimination in the Workplace:
Many different factors and occurrences can amount to Gay and Lesbian employment discrimination. Some of the most common forms of such discrimination are as follows:
- Threatening or abusive behavior based on an employee’s sexual orientation;
- Retaliatory Discrimination;
- Job application discrimination due to sexual orientation;
- Refusal to provide proper training in the workplace;
- Providing terms and conditions of employment different than the rest of the non LGBT workforce;
- Denial of access to benefits – including denial of gay and lesbian couples access to medical health benefits or life insurance benefits;
- Denial of promotion due to perceived sexual orientation;
- Denial of increase in salary or pay per hour;
- Indirect forms of discrimination;
- Discriminate against an entire class of employers because of their sexual orientation;
- Homosexual harassment or a person perceived sexual orientation: Including making threats, jokes, lowed conduct for the purpose of violating a person dignity in the workplace;
- Employer’s failure to prevent acts of discrimination they have knowledge of by other employees.
LGBT Employment Rights Laws – Protection of Sexual Orientation Rights in the Workplace:
Common Law provides little protection for individuals who, due to their sexual Orientation, have been discriminated against. However over the past several decades, there have been several key legal advances, such as the protections provided to workers under the federal Civil Rights Acts of 1964 and stronger anti sexual orientation discrimination measures by the Equal Employment Discrimination Commission (EEOC).
Title VI Civil Rights Acts and LGBT Employment Rights: The Civil Rights Act of 1964 specifically outlaws discrimination at a place of work based on the grounds of race, color, national origin and gender. LGBT workers are not directly covered by the Civil Rights Acts provisions. However indirect coverage on this law is available under certain circumstances.
Recent Expansion of Genre Identity Rights under the Civil Rights Act: Over the past decade, there have been several successful attempts by civil rights lawyers among the gay-lesbian-bisexual-transgender community to expand gender rights to gender identity rights. According to a recent opinion, “employers who discriminate against an employee on the basis of the person’s gender identity are violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act.”
Retaliation by an Employer for Filing a Sexual Orientation Discrimination Claim: Employers are prohibited by Federal and California state law from retaliating against workers because of a discrimination lawsuit. If you have filed a discrimination action with the EEOC and have become a victim of retaliation contact our offices today. Legal action by us can help stop discrimination against you.