Categories
Discrimination

How To File A Discrimination Claim Based On Sexual Orientation

If you are being treated differently because of your sexual orientation (real or perceived), the law protects you. Sexual orientation in the workplace is common in Orange County. As such employees are always encouraged to look for labor employment attorney who can fight for their legal rights.

Understanding Sexual Orientation Discrimination

Discrimination based on sexual orientation occurs when an employer subjects an employee to negative employment actions. Employers are known to discriminate against sexual orientation when making employment decisions. For instance, an employee cannot fail to hire a job applicant because he has a same-sex partner or segregates gay from customer contact. Here are other common examples that could lead to an employee filing a sexual orientation discrimination claim:

  • Failure to provide an employee with resources that are being provided to other employees simply because the employer perceives or knows their sexuality.
  • Denial of employment, pay raise, promotions while others with the same qualification receive such.
  • Being harassed or retaliated against for helping employees with complaints about sexual orientation

How To Protect Your Legal Rights

For you to file a claim, your situation must be so severe to interfere with how you perform your job. For instance, your boss may be making rude comments; this may not be enough to constitute harassment. Such comments must be made regularly. For any harassment based on sexual orientation, the employee must be subjected to a hostile working environment, such as having offensive pictures posted or slurs. For any claim to be valid, the conduct must be:

  • Unwelcomed by the employee
  • Sufficiently severe to lead to an unconducive working environment

Where the conduct seems to be egregious, one act may be enough to constitute a harassment claim. However, in most situations, one may be required to show a pattern of behavior.

Look For An Employment Lawyer

Are you being discriminated against sexual orientation because you complained about sexual orientation discrimination or participated in an investigation that could result in a sexual orientation claim? It would be best if you consider looking for an employment lawyer. Your lawyer will tell you whether you have a valid claim. He/she will also guide you through obtaining the right strategy for seeking justice.

Whether you are a lesbian, gay, heterosexual or bisexual, you have rights at the public or private workplace, and if these rights are infringed, the law is there to protect you. Sexual orientation discrimination can affect your job status and other major issues in the workplace. If you feel you have been discriminated against based on a real or perceived sexual orientation, you can look for an employment lawyer who has dealt with similar cases and has a record of success. There are tight deadlines concerning when one can file a lawsuit. However, you will have to file a case with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. An experienced lawyer can help you will all legal facts and ensure to enforce your rights.