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The Facts About Sexual Orientation Discrimination

Posted by Eric Kingsley | Jun 25, 2013 | 0 Comments

What is Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an employer discriminates against an individual because they are perceived or actually gay, lesbian, bi-sexual, and/or transgender.  

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Heterosexuals can also experience sexual orientation discrimination.Discriminating based on sexual orientation can include the following behavior:

  • Not hiring an applicant
  • Being passed over for a promotion
  • Wrongful termination
  • Poor performance evaluations
  • Withholding training or other job resources
  • Denying specific benefits

California Law Prohibits Sexual Orientation Discrimination

Sexual orientation, like other forms of discrimination, is illegal in California under The Fair Employment and Housing Act (FEHA).  California is one of 21 states, including the District of Columbia that actually protects LGBT individuals from employment discrimination in private and public workplaces.

Federal Laws are Lacking

There are no federal laws prohibiting sexual orientation discrimination in private sector workplaces.  However, the federal government does have policies in place. In 1998, Executive Order 13087 was issued to prohibit discrimination against individuals based on their sexual orientation for employees or applicants of the federal government.

There could be a change on the horizon. The Employment Non-Discrimination Act was introduced to Congress on April 25, 2013.  If passed, it would provide basic protections against sexual orientation and gender identity discrimination.

If you have questions about sexual orientation discrimination or feel you have been a victim and need advice, please call us. We understand this subject is a personal matter and we can provide more detail to help you. You can reach us toll free at 888-500-8469.

Additional Resources

Fair Employment and Housing Act  

U. S. Federal Government Employment Policies

Employment Non-Discrimination Act

About the Author

Eric Kingsley

In practice since 1996, the firm's lawyer and co-founder, Eric B. Kingsley, has litigated complex cases and written numerous appeals in state and federal courts on behalf of the California law firm Kingsley & Kingsley, including More than 150 collective actions. Mr. Kingsley focuses his practice ...

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