Sexual Orientation Discrimination

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Sexual orientation discrimination in the workplace affects members of the LGBTQ+ community as well as heterosexual individuals. This form of discrimination involves unequal treatment based on an employee’s real or perceived sexual orientation, including gay, lesbian, bisexual, and heterosexual identities. 

California’s the Fair Employment and Housing Act (FEHA) protects against sexual orientation discrimination by making it illegal for employers to discriminate or harass employees based on their sexual orientation in all aspects of employment, including hiring, firing, training, compensation, promotion, and benefits. The FEHA applies to employers with five or more employees and requires them to take reasonable steps to prevent discrimination and harassment based on sexual orientation. Federal legislation, including protections enforced by the Equal Employment Opportunity Commission (EEOC), also prohibits workplace discrimination on the basis of sexual orientation.

Examples of discrimination based on sexual orientation include making jokes about an employee’s real or perceived sexual orientation, creating or allowing a hostile work environment, failing to address reported incidents of discrimination, sharing offensive content, forcing an employee to quit, or firing an employee due to their sexual identity. Employees suffering from discrimination based on sexual orientation must be aware of these signs and document any incidents that may constitute discrimination. 

If you or someone you know is suffering sexual orientation discrimination at work, contact us immediately.

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