An individual’s classification as lesbian, gay, bisexual, or transgendered (LGBT) has historically been a source of discrimination and harassment. It is wonderful to know that millions of people across the United States have begun to accept the LGBT community as fellow human beings, and not people that should be outcasts to society, but there is still a long way to go. At The Law Offices of Terry K. Davis, our dedicated and skilled Employment Law Attorneys have enabled many LGBT employees to receive the compensation and benefits they deserve for being discriminated against in the workplace. Despite progress in society for the acceptance of all individuals as equals, some employers will continue to have such practices in the workplace.
LGBT DISCRIMINATION IN THE WORKPLACE CAN OCCUR IN A VARIETY OF WAYS
Individuals who are part of the LGBT community are a protected class under California law. As such, these individuals should be free from workplace discrimination based on their identity as an LGBT individual. LGBT discrimination occurs all too frequently, and can present itself in ways including, but not limited to, the following:
- Comments, jokes, and derogatory conduct based on one’s sexual preference (harassment and mental abuse);
- Physical abuse based on one’s sexual preference;
- Unequal pay for one’s identity as an LGBT individual;
- Failure to be hired or obtain a promotion based one one’s identity as an LGBT individual; and
- Wrongful termination based on LGBT discrimination.
California law prohibits discrimination based on actual or perceived sexual orientation. Sexual orientation is defined to include heterosexuality, homosexuality, transgender and bisexuality. Government Code §12926(q).