California LGBT Rights Lawyers
Harassment/Discrimination and Employment
California Government Code Section 12940 makes it unlawful to discriminate on the basis of sex and/or sexual orientation in employment. This makes it unlawful for an employer to make a decision based upon sex or sexual orientation in the hiring, promotion, transfer, compensation and/or termination of an individual based upon sex and/or sexual orientation. California is one the few states that recognizes these rights for the members of the LGBT community. In 2004, protection was extended in the Fair Employment and Housing Act to members of the transgender community.
Association with members of the GLBTQ Community
Under California Law, it is also unlawful to discriminate against, or harass, an individual because of their association with someone who is gay i.e. friend, child, parent, etc., even if the person being discriminated against, or harassed is not gay. Therefore, you can not be harassed or discriminated against because you have friends or family who are members of the LGBT community. If you have been harassed or discriminated against because of your association with a member of the LGBT community, contact us for an evaluation of your legal matter.
Reporting and Pre-Filing Requirements
Individuals who have been unlawfully harassed, discriminated against, or retaliated against for opposing harassment or discrimination, must file a complaint with the Department of Fair Employment and Housing within one year of the date of the occurrence of the discrimination or harassment or they may lose their rights to pursue the matter in court. We can help you file this complaint form as part of our legal services to protect your rights.
Retaliation
In California it is unlawful to retaliate against an individual who, in good faith, opposes the unlawful discrimination and/or harassment of themselves or others in the work place. Therefore, if you believe that you have been harassed and/or discriminated against, it is important to put your opposition to this conduct in writing and to direct it to the proper authorities within your company whether it be your manager, the President, the head of Human Resources and/or the EEO officer. If your company has a handbook, you should look at the company handbook to see if they identify a specific person and/or method of making complaints.
If, after you oppose the conduct or complain about it, you are retaliated against, you have the right to recover damages as described above, for retaliation.
Potential Recovery
People harassed or discriminated against in employment are entitled to recover damages for humiliation, anxiety, grief, and emotional distress as well as economic loses including back pay and front pay. The law also provides, in cases of unlawful termination, for re-instatement to a position. If a company acts with legal malice (a conscious disregard of the rights and safety of an employee) in engaging in harassment or discrimination, it may also be liable for punitive damages in addition to the other damages enumerated above.
If you believe that you have been harassed or discriminated against on the bases of your status contact a skilled gay and lesbian rights lawyer at The Dolan Law Firm for a free consultation. Additionally, we recommend that you make a complaint, in writing, to your manager, Human Resource department, and/or president of the company for which you work so that your claims are well-documented in case you suffer subsequent retaliation.
Employment Law Attorneys
Sexual Orientation Discrimination · Harassment · HIV/AIDS · GLBT
In California, you are protected against employment discrimination based on sexual orientation as well as against HIV discrimination based on your HIV/AIDS status. Employee rights fall into two major categories, freedom from discrimination and freedom from harassment. In either case, you need an employment law attorney who will fight for your rights. At the Dolan Law Firm, you get that advocate.
We help put the 'fair' back in 'fight.'
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Freedom from Discrimination You can be the subject of discrimination in employment even before you are hired:
These adverse employment actions are difficult to prove without direct evidence that is why you need skilled attorneys on your side. Once employed you can be the target of discrimination in a number of ways such as:
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Freedom from Harassment Harassment in employment only happens once you are on the job. Harassment is generally defined as "unwanted conduct" based on your orientation or status and can include unwanted:
California law prohibits harassment in any form based on status in a protected classification. The harassment can be by:
If the harassment arises to such a level that it creates a "hostile work environment," an employee may be forced to quit by the intolerable situation and file a complaint for discrimination. |
Christopher Dolan, the founding member of The Dolan Law Firm, has been selected as the California Consumer Attorney of the Year; and has been repeatedly nominated as the San Francisco Trial Lawyer of the Year; as well as chosen as a Northern California Super Lawyer; A review of his practice and work by his peers give him the designation of “A.V.”, having the "highest legal ability" and ethics by Martindale-Hubbell.
If you have any questions at all about harassment on the job, contact our employment discrimination attorneys, today, for a free initial consultation.
Learn more about our firm's civil rights practice including the recent jury award of $60,000, 000, on behalf of Arab-American employees for whom we filed a lawsuit against Fed Ex Ground, the largest award for race discrimination in California and The United States.
Our lawyers work on a contingency meaning that you pay no fees or costs up-front. If we obtain a recovery on your behalf, we receive a percentage of any recovery we obtain for you. No recovery, no fee. Contact us to have your legal matter evaluated.
