LGBTQ RIGHTS
Common violations
Gender discrimination
Sexual Harassment
Hostile Work Environment
Transgender rights
BENEFITS ADMINISTRATION
Equal Access
California law provides rights to members of the LGBTQ community. This is a currently evolving area of law and is constantly changing - usually in favor of employees. LGBTQ rights are a subcategory of multiple categories of employee rights and protections.
Most often, LGBTQ protections are established by anti-discrimination laws. Prohibitions regarding sex based discrimination and gender rights often provide LGBTQ employees protections. On June 15, 202, the United States Supreme Court ruled that prohibitions against sex/gender based discrimination specifically apply to LGBTQ employees. California's Gender Nondiscrimination Act, AB 887 amends the California Fair Employment and Housing Act (which is California’s primary protections against employment related discrimination) to add gender identity and gender expression as protected classes in addition to sexual orientation which was already included in the act. This act clarified the terms gender identity and gender expression. It makes both gender identity and gender expression protected categories and thereby protects transgender persons from discrimination based on their behavior and/or appearance with respect to sex and gender.
Here are some areas that are afforded protection:
Sexual orientation: An inherent or immutable enduring emotional, romantic or sexual attraction to other people.
Gender identity: A person's innermost concept of self as male, female, a blend of both or neither.
Gender expression: A person's external appearance of gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors typically associated with being either masculine or feminine
SEXUAL HARASSMENT
It is unlawful to harass an employee or perspective employee because of that person’s sex. To do so constitutes Sexual Harassment. Sexual Harassment falls under the larger umbrella of illegal discrimination. Sexual Harassment can take a variety of different forms and can be perpetrated against both men and women. LGBTQ employees are protected against Sexual Harassment. Sexual Harassment is generally broken in to 2 categories:
Quid Pro Quo
Quid Pro Quo translates to “This for That” and is used in the context of Sexual Harassment to indicate when employment is conditioned upon submission to unwelcome sexual advances. This could apply to a promotion offered or promised in exchange for sexual favors or even an employee denied a promotion because of their refusal to engage in sexual favors or respond favorably to unwelcome sexual advances.
Hostile Work Environment
Hostile Work Environment sexual harassment is when an employee’s work environment is made hostile, offensive, oppressive, intimidating, or abusive because of sex. Because of “sex” does not always mean “sexual desire”. Feelings of hostility or stereotyped beliefs towards a particular sex or gender (or those who do not fit the person’s stereotypes of how a person of a certain sex or gender should express themselves) manifested in words or actions can also be the basis of sexual harassment complaints. Offensive comments related to gender identity, sexual orientation, or gender expression, marital status, and more have been found by courts to be “sex-based” and may be covered under a Hostile Work Environment claim. The law requires that the action(s) be severe or pervasive or in other words, really bad or happened repeatedly. Much of what is determined to be sexual harassment under the law is determined case by case as they go through the court system.
Under a claim for Hostile Work Environment Sexual Harassment, the employee must show the following:
Unwelcome behavior was because of sex
The harassment negatively impacted their ability to their job or made work harder
Sexual harassment law can be complicated especially when it includes the ever evolving law around LGBTQ rights. As such, an employee who believes they may have a claim for sexual harassment, should speak to a Labor & Employment attorney to review their specific circumstances and discuss their rights.
LEAVE LAWS
The California Family Rights Acts extends the protection of the Family Medical Leave Act (FMLA) to California LGBTQ employees. Giving LGBTQ employees the same rights to leave as others under the law. To learn more about leave laws, click here to visit EJP’s page on leave laws.
Click here to schedule a no cost consultation with an Attorney
Laws protecting California Employees From
LGBTQ Violations
There are several laws which protect California employees from sexual harassment and other discrimination. Here are a few:
California’s Gender Non-Discrimination Act
California Family Rights Act (CFRA)
Title VII of the Civil Rights Act of 1964
Fair Employment and Housing Act (FEHA)
California Labor Code
The United States Constitution
For more information click the “learn more” button or CLICK HERE to schedule a no cost consultation with an Attorney
How Can The Employment Justice Project Help?
There are several ways that the Employment Justice Project can help. Every case is different and while EJP can make no guarantee of results in your specific situation, here are a few examples of the assistance EJP may be able to provide:
Listen
Counsel and Advise
Request and review employee file and payroll records for evidence of violations
Interview witnesses
Educate you on your rights and possible claims
Educate your employer on your rights and their responsibilities under the law
Advocate for reinstatement
Advocate for resolution of your claims
Negotiate recovery of lost wages and penalties
Negotiate terms of settlement or severance agreement
Negotiate a neutral reference
Litigate, if needed and appropriate
CLICK HERE to schedule a no cost consultation with an Attorney
