Gender and sexual orientation discrimination is on the rise as the number of women and openly gay, lesbian, bisexual, queer, and transgender individuals enter the workforce. California state and federal laws mandate that these employees are given equal access and protections. Title Vii of the Civil Rights Act of 1964 prohibits discrimination against an individual in the workplace based on gender identity or sexual orientation. On June 15, 2020, the U.S. Supreme Court ruled that the abovementioned civil rights law protects gay and transgender employees in the workplace. Yet, too often they are discriminated against simply because of their sexual orientation or gender identification.
Gay Rights/Title VII Claims
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What Is Considered Gender Discrimination?
Gender discrimination encompasses any action that specifically denies opportunity, privileges, or rewards to an individual based on their gender. In California, federal and state laws protect employees from gender discrimination based on their biological sex, gender identity, or gender expression. Nobody gets left out.
No matter who you are, if your employer or potential employer discriminates against you on the basis of your gender, that is a violation of your civil rights. Contact us at Victory Law Group, LLP for a free consultation and to help you fight for your rights.
Types of Gender Discriminatory Actions Towards Employees
Below are some examples of discrimination based on gender or sexual orientation that occur in the workplace.
- Unequal pay — Male, female, transgender, gender neutral, non-binary, agender, pangender, gender, and/or queer may not receive the same pay despite having the same position and status at work.
- Different job responsibilities — Individuals may be given different duties such as males being asked to lift heavy items or females being tasked to handle only administrative duties.
- Interview questions — Individuals may face very different interview questions, including females being asked if they have children or if they plan to have children.
- Advancement opportunities — Individuals should receive equal opportunities for advancement without their sex or gender playing a role in promotion or hiring decisions.
- Gender-specific dress code — Individuals should have similar dress codes versus only requiring females to follow a dress code that requires them to wear dresses or skirts.
What Is Considered Sexual Orientation Discrimination?
Sexual orientation discrimination involves treating an employee or potential employee unfairly because of their perceived sexual orientation. That means employees who identify as part of the LGBTQ+ community, lesbian, gay, or bisexual, are part of a protected class or group and are entitled to legal recourse when they experience discrimination in the workplace.
If you have experienced workplace discrimination based on your sexual orientation, there are steps that you can take to strengthen your claim, such as collecting evidence of the discriminatory actions taken against you, documenting your effectiveness at your job, and understanding your company’s existing workplace policies and protections. Our attorneys at Victory Law Group, LLP can help you identify legal remedies and additional steps necessary to pursue a valid discrimination claim.
In addition to having a valid civil rights lawsuit on the basis of sexual orientation discrimination, there are other causes of action that may arise from sexual orientation discrimination. Other causes of actions include negligent or intentional infliction of emotional distress, assault, battery, invasion of privacy, and defamation.
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If you have been discriminated against because of your sex, gender, or sexual orientation, please contact our lawyers to discuss your legal remedies. Contact us online, or call us to arrange a free case evaluation.
