Stockton Sexual Orientation & LGBT Discrimination Lawyer

California has long been at the forefront of national efforts to protect members of the LGBT community from job-related discrimination. State law forbids employers from firing, refusing to hire, or otherwise treating any worker differently based on their sexual orientation or gender identity. Yet we all know such discrimination still occurs on a daily basis.

The Stockton sexual orientation and LGBT discrimination lawyers at Venardi Zurada LLP are here to help. We can assist you in taking legal action against an employer who violates the law in this area. We also handle most employment law cases on a contingency-fee basis, which means we do not get paid until we obtain compensation on your behalf.

What Is Considered Illegal LGBT Discrimination in Stockton?

California’s Fair Employment and Housing Act bars employment discrimination on the basis of sexual orientation. This includes both actual and perceived sexual orientation, as well as gender identity or gender expression. For instance, an employer cannot discriminate against you because they think or assume you are gay even if you are straight.

Discrimination itself refers to any adverse action that affects your employment. Some common examples include:

• an employer refuses to hire a job applicant because they are a lesbian;
• an employer discharges an employee because they announce they transgender and transitioning;
• an employer reassigns a gay employee to a non-customer facing role because they fear how some customers might respond; or
• an employer promotes a cisgender employee over a transgender employee because they “conform” to a certain gender stereotype.

One thing to note is that federal civil rights law also provides protections against employment discrimination based on sexual orientation. But California law includes specific protections for discrimination based on gender identity, gender expression, and perceived sexual orientation, which federal law currently does not. Additionally, California employment discrimination law also applies to employers with as few as 5 employees, while the federal Civil Rights Act only covers employers with 15 or more employees.

Can I Sue My Employer for Sexual Orientation and LGBT Discrimination?

Before you can sue an employer for illegal discrimination based on sexual orientation, you must first file a claim with either the California Civil Rights Department or the federal Equal Employment Opportunity Commission. You only have to file with one of the two. The agency will then conduct a preliminary investigation into your discrimination complaint and either take direct action against the employer or issue you a “right-to-sue” letter, authorizing you to file your own lawsuit.

By filing a lawsuit, you can seek financial compensation from the employer for your economic losses–back pay, front pay, benefits, et cetera–as well as your pain and suffering and legal costs. In some cases you may also have a claim for punitive damages. And if you lost your job as the result of the employer’s discrimination, you can seek reinstatement if that is what you want.

Before taking any legal action, however, it is best to speak with an experienced Stockton sexual orientation and LGBT discrimination lawyer. Call Venardi Zurada LLP today at (833) VZ FOR ME to schedule a free confidential consultation.

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