Riverside LGBTQ Discrimination Lawyer

Riverside LGBTQ Discrimination Attorney

If you have experienced workplace discrimination, engaging a Riverside LGBTQ discrimination lawyer could be the solution that you need. There are cases all across the state of California where employees face discrimination because of their sexual orientation. It is illegal for employers to discriminate against employees based on their sexual orientation. It is important that LGBTQ employees understand their legal rights while at the workplace.

LGBTQ+ Discrimination In the Workplace

LGBTQ+ discrimination occurs when an employee faces discrimination in the workplace because of their sexual orientation or gender identity. If an employee is harassed or treated adversely because they are straight, gay, lesbian, bisexual, transgender, or transsexual, it is considered LGBTQ discrimination, and there is no place for it in the workplace.

Laws Protecting Against Discrimination

LGBTQ discrimination is a relatively new area of employment discrimination laws. There are no laws currently that explicitly prohibit LGBTQ discrimination. There is the Civil Rights Act of 1964, Title VII, that prohibits employers from discriminating based on sex. The US Equal Opportunity Employment Commission interprets this to include sexual orientation and gender identity, therefore including individuals who identify as LGBTQ+.

Several states have also enacted laws that prohibit discrimination based on sexual orientation. California has enacted the Fair Employment and Housing Act (FEHA), which explicitly prohibits discrimination based on sexual orientation. Discriminatory actions or behaviors based on assumptions about sexual orientation or gender identity are also illegal in California.

It is important to note that many companies in Riverside have created their own discrimination policies that outline anti-discriminatory behaviors in the workplace. These policies can be a resource to employees, and they can also help attorneys and employees file discrimination claims against an employer.

Steps to Take If You Have Experienced Discrimination

If you experience discrimination in your workplace, it is important to act quickly to preserve your rights. Taking timely action will allow your attorney to help you get the resolution you deserve. For employees who unfortunately experience discrimination while on the work site, here are some immediate steps that can be taken:

Contact a discrimination attorney. The first step is to contact a discrimination attorney with experience with LGBTQ+ cases. An attorney can provide the legal guidance you need to navigate the complexities of your case and the California state legal system. Laws and policies on LGBTQ discrimination can change, and it can be difficult for the average person to stay updated on the laws. An attorney can step in and provide qualified advice.
Document the incident. Documenting the incident includes gathering as much information as you can about the misconduct. Information that can prove valuable to your case can be the date, time, and location of the incident, description of the incident, any related photos or videos of the incident where it took place, potential witness testimonies, and any personal information from any individuals or the employer that was present.It may also be helpful to acquire or locate your employer’s non-discrimination policy. All of this information can help validate your case and ensure you get the proper settlement that you deserve.
Report the incident. The next step is to report the incident immediately. Talk with your manager or boss and follow the necessary grievance procedures for filing a complaint. This can typically be done in writing or in person. It is encouraged that all conversations are documented in writing to ensure there is ample proof of the incident and related conversations. Reporting an incident can be intimidating, but it can be the right choice for you. The incident should be reported immediately; do not get in your car and go home for the day before you report the discrimination incident to your supervisor.
File a discrimination claim. Once you have contacted a discrimination attorney, documented the incident, and reported it to your supervisor, the final step is to file a discrimination claim if necessary. Based on the details of your case, a discrimination attorney can advise you on the legal options available to you and the next steps you should take. An attorney can help file the claim on your behalf.

Types of Discrimination

Discrimination can come in several forms in the workplace. Discrimination can include:

Denying opportunities to an employee because of their sexual orientation.
Passing up an employee for a promotion for a less qualified employee because of their sexual orientation.
Terminating or severely cutting the hours of an employee because they are about to undergo a gender transition.
When an employee communicates their preferred name and way of being addressed, the employer or other employees intentionally deny it.
When an employee is paid less than other employees because of their sexual orientation.

Tips For Reducing LGBTQ+ Discrimination

Some tips for reducing LGBTQ discrimination in the workplace can include.:

Creating and enforcing policies that prohibit discrimination and also provide protections for employees. It is the employer’s job to make sure all employees are aware of the policies and that they are enforced. Employees should also know how and where to report any discrimination incidents.
Provide training to employees and supervisors on discrimination, harassment, and retaliation. This training could help ensure that all employees are aware of what constitutes a discriminatory action and how to report it.
Create a safe system for reporting discriminatory incidents. Employees should feel safe knowing that they can report discriminatory incidents confidentially and that their employer will provide a thorough investigation into the incident. Employees need a safe place to turn to if they need to report an incident, and the incident should be dealt with appropriately.

FAQs for LGBT Discrimination Lawyers

Q: When Did Gender Identity Become a Protected Class?

A: Gender identity became a protected class on June 15th, 2020, after the US Supreme Court’s decision held in Bostock v Clayton County that protections from Title VII extended to the LGBTQ community. The Civil Rights Act of 1964, Title VII, prohibits workplace discrimination on the basis of sex, religion, race, color, and national origin. After the 2020 Supreme Court’s ruling, this protection extends to gender as well. Discrimination on the basis of sex can include sexual orientation and gender identity, according to the Supreme Court’s decision.

Q: What Is Title VII Gender Discrimination?

A: Title VII is a title under the Civil Rights Act of 1964, and it prohibits employers from discriminating against employees based on sex, religion, national origin, race, and color. Sex is defined to include gender identity, sexual orientation, and pregnancy. These employee protections supersede state and local laws. This means that even if a state or locality has a different position towards gender, their position will be superseded by Title VII protections.

Q: Is It Illegal to Discriminate Based on Gender?

A: It is illegal to discriminate based on gender. Gender discrimination is prohibited under Title VII of the Civil Rights Act of 1964. Everyone is protected from sex discrimination under Title VII, regardless of gender. Gender discrimination can come in different forms. Discrimination can include purposely misgendering or mispronouncing gender identity pronouns to address someone, showing signs of intimidation based on gender, using harmful or hurtful language based on gender, limiting access to bathrooms, or mistreating someone because of their gender.

Q: What Is Intersectional Harassment?

A: Intersectional harassment occurs when someone experiences forms of harassment based on multiple aspects of their identity. This means that someone is discriminated against based on their sexual orientation, gender, race, color, or social class. The name intersectional is used because it highlights that identities are made up of interconnected parts, and these parts can be discriminated against at the same time. Simply put, intersectional harassment occurs when someone is mistreated because they are part of more than one marginalized group or minority.

Q: How Can an LGBTQ Discrimination Lawyer Help?

A: An LGBTQ discrimination attorney can help evaluate your circumstance and provide the legal guidance necessary to help guide you through your case. If the situation calls for filing a claim against your employer, then an attorney can help with that process. Specific steps must be followed, and legal deadlines must be met in order to process a successful case. It is illegal to discriminate against employees on the basis of their sexual orientation or gender.

A Legal Team On Your Side

LGBTQ discrimination cases can be very complex and sensitive matters. Any employee who experiences discrimination could face life-altering physical, mental, or emotional trauma. It is important to understand your rights under US law and California state law. If you or someone you know has experienced illegal workplace discrimination, engaging the help of a qualified discrimination attorney could be the solution that you need.

The experienced legal team at Theory Law has successfully helped California employees resolve their discrimination cases. No one should be fearful of discrimination coming from their place of employment. If you have faced discrimination from your employer, it is important that you have someone with experience fighting on your behalf. Contact our offices today to put our legal team to work on your behalf to get your case resolved.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.