Gay, lesbian, bisexual and transgender folks have faced discrimination at work for hundreds of years, and at one time there was little that they could do about it. Conveniently that's all modified, and in one or two states, including California, it is currently illegal to discriminate against someone for being gay. Ultimately homosexual discrimination is now not tolerated in these states, and those that are victims have a legal recourse to find justice and remuneration. But sadly these laws do not exist at the federal level, though most individuals feel it is simply a matter of time until they are passed. If you are not sure about the laws in your state regarding discrimination against gay, lesbos and bisexuals, the nicest thing you can do is to check with an employment attorney in your neighborhood. Laws differ at the state and local levels so what’s true in one state might not be true in another.

Sexual Preference Discrimination In The Office

It is not lawful in California for an employer to be prejudiced against a worker due to that employee’s sexual proclivity or understood sexual orientation. There are no Fed. laws prohibiting this kind of discrimination.

Perceived Sexual Preference

It's also against the law in California for an employer to be prejudiced against a worker on the principle of that employee’s understood sexual orientation. So if an employer believes a worker is gay, and fires him due to that, it is not legal whether the worker is actually gay. This is important because many gay folks opt to keep their non-public lives personal. With this condition it suggests that no one has to come out and say they're gay so as to be guarded by the law.

Statute of Constraints on Sexual Proclivity Discrimination In the Office

One of the aspects of the California law is that the worker must make a complaint to the California Work Commission less than 30 days after he or she is discriminated against. Only after the Labor Commission has processed the claim may the employee sue in court.

Sexual Orientation Discrimination in Combination With Other Laws

Often the same actions that violate the laws against sexual orientation discrimination violate other laws as well. It is possible that an employer who is discriminating on the basis of sexual proclivity is also discriminating on the supposition of sex.
For example, a male employer asks a lesbian worker to sleep with him. She is saying no, and mentions her sexual orientation. He is saying that he will not employ a lesbian and fires her. It could be argued that he has additionally discriminated on the basis of sex, because it’s illegal for him to fire her simply because she didn't sleep with him. That will be a sort of sexual harassment. (For a fuller discussion on sexual harassment, see the section on Sexual Harassment – Office.)

Damages for Sexual Preference Discrimination

The law against sexual orientation discrimination is very new, so it is not clear what damages can be received in court. But it seems that staff can recover their lost salary and other benefits, emotional trouble damages, and punishing damages. It isn't at all clear whether or not they may recover attorney’s fees and costs.

Kip Zararki needed a discrimination lawyer after he was fired for being gay. California employment lawyers helped him get his job and his life back.