San Diego Legal

Morris and Associates – San Diego Sexual Preference Discrimination Lawyers

As the world continues to progress in many different ways, people of all sexual preferences are continuing to populate the workforce.  Even though this is a positive development, it also has come with some negative circumstances in that discrimination because of someone’s sexual orientation has also been on the rise in recent years.  Anyone who has been subjected to this form of abuse should seek the immediate help of San Diego sexual orientation discrimination lawyers as soon as possible, as there are legal options available for those who have been forced into this position.

California Law Regarding Sexual Orientation Discrimination

Unfortunately, there is no specific federal law in place that protects workers based on their sexual orientation.  However, in California it is illegal to discriminate against an employee because of that employee’s sexual orientation or even because of that employee’s perceived sexual orientation.  Basically, any negative action taken against someone on this basis is illegal and can lead to legal action.

Acts That Constitute Sexual Orientation Discrimination

There are many different actions that can be taken against someone because of his or her actual or perceived sexual orientation that would constitute discrimination under California law.  Below are a few examples of this conduct:

• Refusal to hire – An employer cannot refuse to hire an otherwise qualified employment candidate on the basis of that person’s real or perceived sexual orientation.
• Refusal to promote – If an employee has earned a promotion based on performance but is passed over because of his or her sexual orientation, that would likely constitute a violation of the law.
• Refusal to provide pay raises – If an employee is denied pay raises that would otherwise have been provided because of sexual orientation, that person can likely bring a legal claim in response.
• Hostile work environment – The refusal of an employer to curtail harassing conduct towards an employee based on sexual orientation can lead to a valid legal claim.
• Termination – Ultimately, if someone is terminated because that person is of a real or perceived sexual persuasion that an employer does not favor, such an act would be deemed illegal in California.

Remedies for California Sexual Orientation Discrimination

Sexual orientation discrimination in California does not only extend to homosexuals.  Heterosexuals, transgender employees and others are also protected by these laws.  If someone has been discriminated against on this basis, that person could recover damages that compensate that person for past and future lost income, punitive damages, emotional distress damages and attorneys’ fees in many situations.

If you or someone you love has been mistreated in the workplace because of this issue, contact the San Diego sexual orientation discrimination lawyers at Morris and Associates as soon as possible to schedule a free initial consultation.