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Sexual Orientation Harassment

Sexual Orientation Discrimination

Sexual orientation discrimination occurs when an employee suffers an adverse employment action because of the person’s sexual orientation (homosexuality, bisexuality, heterosexuality). For example, if an employee who is gay is treated differently than his co-workers -- is unfairly passed over for promotion, or is demoted, or his/her work hours are cut, or receives an unfair performance evaluation, or is excluded from meetings and training, or is suspended, or is fired -- that employee may have a viable claim for sexual orientation harassment if the reasons for the adverse employment actions were because of the employee’s sexual orientation.

Sexual orientation discrimination can also occur when an employer perceives the employee is gay, even if he/she is not, and, based on the mistaken belief that the employee is gay, takes an adverse employment action against that employee. It is also unlawful to discriminate against someone who is associated with someone who is gay. For example, if an employee is the child of parents who are gay, he/she may have a claim against the employer if the employer knew and acted in a way that negatively impacted the employee’s job.

Transgender Discrimination

A related type of unlawful discrimination is transgender discrimination. Some individuals do not identify as male or female. California law protects non-gender conforming individuals who do not identify with the sex they were assigned at birth and who express their identity through dress, behavior, voice and body language which is not stereotypically associated with their assigned sex at birth.

Transgender employees have the right to work in a work environment free of discrimination. For example, a transgender employee has the right to use a workplace restroom that corresponds to the employee’s gender identity regardless of the employee’s assigned sex at birth.

If you believe you have suffered discrimination in the workplace because of your gender identity, please contact us.

Client Reviews
Hicks & Hicks are the best! Down to earth,very professional and consistent. I am completely satisfied with the outcome of my case, I know have a voice at work. Wayne
Eugenia and Rick Hicks were amazing! When I felt there was no hope with an employer taking advantage and violating the laws Eugenia and Rick stepped in and shinned their light and gave me hope! One on one personal attention listening, returning calls immediately and fighting for me. Not only are they kind and down to earth they have Integrity! Amie
Great overall experience. Eugenia and Rick are thorough, professional and clear, easy to understand the legal process, quick response time. There was absolutely no hassle for me. They kept me up to date and checked in on me throughout the case. They take care of everything! Completely recommend for employment cases and there's a bonus Eugenia speaks Spanish which made me feel comfortable... Lilly