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SEXUAL ORIENTATION DISCRIMINATION

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You can’t help but notice that your boss treats you differently from your colleagues. Unfortunately, you believe that the unequal treatment you’re experiencing in the workplace is because of your sexual orientation. This is illegal and you have the right to hold your employer accountable.

At Fidelity Law, we can help you do just that. We’ll take a deep dive into your specific situation and identify all of your options for seeking justice after experiencing sexual orientation discrimination in the workplace.

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What You Can Do If Experiencing Sexual Orientation Discrimination in the Workplace

California’s Fair Employment & Housing Act (FEHA) prohibits discrimination against any person because of his or her sexual orientation, which means actual or perceived heterosexuality, homosexuality, and bisexuality. However, there is a limited exception called the Bona Fide Occupational Qualification (BFOQ), which allows an employer to discriminate based on sexual orientation or gender if it can prove that:

  • Sexual orientation or gender is reasonably necessary to the normal operation of the particular business;
  • All or substantially all members of the excluded groups cannot perform the job duties safely or effectively; and
  • It could not rearrange job responsibilities so as to reduce the necessity for the BFOQ.

Sexual orientation and gender are rarely recognized as a BFOQ. So if you are a victim of sexual orientation discrimination in the workplace, chances are that the BFOQ exception will not apply. If you choose to pursue a claim for sexual orientation discrimination, enlisting the help of a sexual orientation discrimination lawyer early in the process is critical. The first step in pursuing a sexual orientation suit against your employer is filing a complaint with the Department of Fair Employment & Housing (DFEH). Once that complaint is filed, you can immediately request a Right-to-Sue Letter, which authorizes you to bring your sexual orientation suit against your employer. If you prevail in the suit, you may be entitled to recover money damages for past lost wages, future lost wages, money to compensate you for emotional harm caused by the discrimination, punitive damages to punish and deter the employer’s discrimination, reinstatement, and attorneys’ fees.

Experience the Benefits of Reputable Legal Expertise at Fidelity Law

Do you feel that you have suffered sexual orientation discrimination in the workplace? If so, Fidelity Law can help you enforce your rights. Get in touch with us today to set up a free consultation so that we can go over your next steps right away.