San Francisco LGBTQ Discrimination Lawyer
San Francisco LGBTQ Discrimination Lawyer
San Francisco LGBTQ Discrimination Attorney
Any type of discrimination is wholly inappropriate and unacceptable in today’s work environment. Unfortunately, some members of our community continued to be unjustly targeted. If you are a member of the LGBTQ community and find yourself to be the target of offensive jokes, ridicule, or passive-aggressive microaggressions, we encourage you to contact our San Francisco LGBTQ discrimination lawyer.
Like you, we believe that workplaces should be free from bullying, discrimination, and harassment of any kind. Sometimes, ending that misconduct requires legal action with the help of a San Francisco employment lawyer. At Theory Law, we understand the state and federal laws that afford protections to workers of all sexual orientations in San Francisco. We will fight to have you compensated or reinstated in your former position.
Why Choose Theory Law?
At Theory Law, you are more than a client to us. We understand that you have inherent self-worth and deserve to work in a space that is free from harassment or discrimination. Unfortunately, not all employers share this view. If you are seeking legal counsel you can trust, we encourage you to reach out to our office to speak to our founding attorney.
Our law firm has a strong reputation for compassionate and effective legal representation for the LGBTQ community. We value every member of that community and appreciate the role they play as productive and hard-working members of the San Francisco community. Together, we can make our city a more just, inclusive, and equitable place for everyone.
Common Examples of LGBTQ Discrimination
LGBTQ discrimination can be direct or indirect. One example of direct discrimination would be a worker who transitions to a different gender and then becomes excluded from important work meetings. The connection between gender transition and discrimination could be proven in court.
Indirect discrimination does not directly target one individual. Rather, policies or work environments create an environment that is hostile to members of the LGBTQ community. Compelling workers to adhere to “traditional” dress attire or failure to provide gender-neutral bathrooms could be examples of indirect discrimination.
Workplaces that force employees to conform to male or female paradigms could be seen as discriminating against workers who do not fall into either category based on biology or self-identification.
Harassment is also considered a form of discrimination. Someone who finds anonymous notes with inappropriate jokes or even threats could take legal action. If employers or supervisors are made aware of the inappropriate behavior yet choose not to take action, they could also be liable for condoning discriminatory behavior.
Finding Justice Following Discrimination
California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act offer strong protections for LGBTQ employees against workplace discrimination. FEHA prohibits unfair practices based on sexual orientation, gender identity, and gender expression and covers areas like hiring, firing, promotions, wages, training, benefits, and all terms of employment.
The law applies to employers with five or more employees and provides broader protections than federal law. Employees who experience discrimination under FEHA can file complaints with the California Civil Rights Department (CRD) or consult an attorney for guidance.
On the federal level, Title VII of the Civil Rights Act prohibits employment discrimination based on sex, a category that includes sexual orientation and gender identity following legal interpretation.
This law applies to employers with 15 or more employees and covers employment aspects similar to those of FEHA. Both laws also protect employees from retaliation for reporting discrimination, ensuring that they can seek justice without fear of reprisal.
San Francisco LGBTQ Discrimination FAQs
Q: What Is the Statute of Limitations for Gender Discrimination in California?
A: In order to be eligible to file a complaint through California’s Civil Rights Department, the complainant must file their administrative action within three years of the date of the most recent offense. Failing to meet this important deadline could mean that you do not have an effective recourse when pursuing justice and compensation following a discriminatory act in the workplace.
Q: What Is the EEOC Guidance on LGBTQ Discrimination?
A: The EEOC (Equal Employment Opportunity Commission) guidance on LGBTQ discrimination emphasizes that discrimination based on sexual orientation and gender identity is prohibited under Title VII of the Civil Rights Act of 1964. The EEOC advises employers to ensure that policies and practices do not discriminate against LGBTQ employees, covering areas like hiring, promotion, termination, and harassment.
Q: What Is the New Law on Discrimination in California?
A: Starting January 1, 2025, California’s SB 1340 will permit local governments to enforce both state and local anti-discrimination laws, expanding beyond state agencies like the Civil Rights Department. This new law allows cities and counties to act on discrimination claims. By allowing law enforcement to take proactive steps, state leaders hope to deter discrimination further.
Q: What Is the Gender Non-Discrimination Law in California?
A: Multiple non-discrimination laws guide workplaces in California at both the state and federal levels. FEHA prohibits discrimination based on race, sex, disability, religion, sexual orientation, and other factors in employment, housing, and public accommodations. The Unruh Act offers similar protections, specifically covering public accommodations across the state.
Q: Can I Be Compensated for LGBTQ Discrimination?
A: Yes. You can be compensated for LGBTQ discrimination when you hire an attorney who understands employment law and how to protect the rights of workers in San Francisco. By negotiating directly with the client’s employer or filing an administrative action, an employment lawyer can demand that their client be compensated for their losses and the emotional harm they endured from the discrimination.
Schedule Your LGBTQ Discrimination Consultation Today
No one should have to endure discrimination in today’s workplaces. With legal representation, you can hold the at-fault party accountable. If you suffered financial losses due to the discrimination, our attorney can take steps to ensure that you are fairly and fully compensated for those losses.
Our founding attorney understands the state and federal laws that protect LGBTQ workers in San Francisco. He has represented many satisfied former clients who were also victims of workplace discrimination. Your case will be in good hands with Theory Law. Contact our office today to schedule your consultation.
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.