California Sex, Gender, Orientation, and Marital Status Discrimination Law Firm

California Fair Employment and Housing Act (FEHA) protects you based on your sex, gender, gender identity, gender expression, sexual orientation, and marital status. The FEHA prohibits employment discrimination and harassment based on a person’s disability or perceived disability and prohibits retaliation for exercising a FEHA right, such as filing a complaint about discrimination.

Employment Discrimination Based on Sex, Gender, Gender Identity, Gender Expression, Sexual Orientation, and Marital Status

Specifically, California gives you a civil right to have the opportunity to seek and hold employment without discrimination based on your actual or perceived:

• Sex (which includes pregnancy, childbirth and medical conditions related to pregnancy or childbirth)

• Gender (male, female, a combination of male and female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender)

• Gender Identity (each person’s identification as internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender)

• Gender Expression (gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person's sex assigned at birth)

• Sexual Orientation (under Cal. Ed. Code § 212.6 it means heterosexuality, homosexuality, or bisexuality)

• Marital Status (state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state)

Examples of Sex, Gender, Sexual Orientation, and Marital Status Discrimination Include:

• Harassment from your employer or co-workers based on your sexual preference or gender identity

• Derogatory comments directed at you because you are homosexual, bisexual, or a transgender individual

• Being denied a job offer or promotion based on your sexual preference or gender identity

• Being treated differently by your manager after they discover your sexual orientation or gender identity

• Firing an employee because of their sexual orientation or gender identity

• Being denied insurance or other work benefits because of your sexual orientation or gender identity

• Actions or policies that create a hostile work environment for employees due to their sexual orientation or gender identity

• Unequal payment or underpayment because of one’s sexual orientation or gender identity

• Treating employees differently (usually poorly) because of their marital status, such as denying employment benefits to employees who are single, refusing to hire an applicant because of who they’re married to, or for being divorced.

Discrimination You Are Protected From

Under the FEHA and federal laws, it is an unlawful employment practice for an employer to discriminate against you in any aspect of employment because of your sex, gender, gender identity, gender expression, sexual orientation, and marital status. This includes, but is not limited to:

• Refusing to hire or employ you

• Refusing to select you for a training program

• Firing, demoting, or discharging you

• Discriminating against you in compensation or in terms, conditions, or privileges of employment

• Pay you less

• Reduce your salary

• Deny equal pay

• Deny a promotion

• Deny reinstatement

• Deny benefits

• Force you to quit

• Harass you

• Assign different duties

• Discriminate against you in any way

Harassment You Are Protected From

If you are being harassed based on sex, gender, gender identity, gender expression, sexual orientation, and marital status by co-workers, or someone other than a supervisor, you may be able to sue your employer for workplace harassment if your employer behaved negligently. This generally means that your employer knew about the harassment and failed to take reasonable steps to prevent or stop the harassment.

Creating a hostile work environment by co-workers, supervisors, and other employees is also against the law. A hostile work environment may involve:

• Experiencing unwelcome comments or conduct at work (workplace bullying)

• The harassment is based on your sex, gender, gender identity, gender expression, sexual orientation, and marital status; and

• The harassment is pervasive or severe enough to alter the conditions of employment and create a hostile work environment.

It is important to note that a single incident where a co-worker makes a tasteless joke or insensitive remark may not rise to the level of workplace harassment. Instead, the offending behavior generally requires to incredibly pervasive abusive behavior or frequent abusive behavior.

However, it is important to speak with an attorney, like at Kluft Law, P.C. if at any time you feel harassed at work. Contact us today or call us at (626) 432-5422.

Retaliation You Are Protected From

California protects you, as an employee, from any adverse employment action (firing, demotion, refusal to promote, etc.) in response to you:

• Opposing workplace harassment, employment discrimination

• Filing a complaint about harassment or discrimination

• Testifying or assisting in any proceeding under the Fair Employment Housing Act (FEHA)

You May be Entitled to Damages if You are a Victim of Sex, Gender, Sexual Orientation, and Marital Status Discrimination

Damages available to victims of discrimination will vary depending on the type of discrimination and the extent of harm the discrimination caused so it is important that you speak with an attorney when you feel that you are being discriminated against.

Awarded monetary damages may include:

• Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)

• Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)

• Lost higher income from a denied promotion or raise

• Lost Medical benefits

• Lost Pension benefits

• Unpaid Bonus payments

• Pain and suffering (for emotional distress damages)

• Equitable remedies (such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile work environment.)

• Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

• Attorneys Fees and Costs

If you believe you are being discriminated against, it is important that you speak with an attorney as soon as you can. Contact us or call us at (626) 432-5422 for a free consultation.