Five FAQs about Rights of Homosexual Workers and Applicants in California

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Pursuant to the California Fair Employment and Housing Act (FEHA), employers with five or more employees are prohibited from discriminating and harassing homosexual workers and job seekers. However, despite the implementation of the said California employment law, certain employers and even homosexual employees are still not aware of their responsibilities and rights.

The following are the answers to commonly asked questions regarding FEHA’s provision on homosexual discrimination:

1. Can I be fired because I am gay?

You cannot be terminated by your employer only because you are gay. FEHA prohibits California employers to base their employment decisions on an employee’s sexual preference or gender.

2. I am a homosexual job applicant; can the employer deny my application because I am gay?

No. Employers are not allowed to discriminate against job applicants based on their gender alone. If you are qualified for the position and the employer denied your application because you are a homosexual, he or she may face legal charges for such action.

3. If I was discriminated, can I file a complaint?

Gender discrimination victims in California can file a complaint with the Department of Fair Employment and Housing (DFEH). This agency has the power to investigate and resolve gender discrimination issues in the California employment sector.

4. Will I receive compensations if my employer discriminated me due to my homosexuality?

Yes, you can, as long as your employer is found guilty of discriminating against you. Under the law, employers who discriminate against employees and applicants based on their gender should provide victims with compensatory damages, like loss of income and pain and suffering damages.

5. Should I hire an attorney for my discrimination case?

It is ideal and practical for workplace discrimination victims to hire a Los Angeles employment lawyer who can represent their complaint or case. Employment attorneys can provide effective assistance to victims to avoid compromising their claim.

Being a homosexual is not against any law in California, but discriminating against a homosexual employee or applicant is. If you suffered from discrimination based on your sexual orientation, you should immediately hire a good Los Angeles employment lawyer to help you file a discrimination claim.