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.

How California AB 1825 Prevents Sexual Harassment in the Workplace

Sexual harassment in the workplace still remains a significant problem in the United States. In 2011 alone, the Equal Employment Opportunity Commission received a total of 28,535 sexual harassment and discrimination complaints.

Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit employers, supervisors, managers, and co-workers to sexually harass employees. According to provisions of the said laws, non-complying businesses may be subjected to pay victims with compensatory damages and punitive damages.

According to FEHA sexual harassment in employment practices include:

•    Unwanted sexual advances
•    Providing employment benefits in exchange for sexual favors
•    Making sexual gestures or displaying sexually suggestive objects like pictures or posters
•    Making sexual comments

In California, in an aim to address cases of sexual harassment, the State enacted an assembly bill imploring employers to conduct sexual harassment management training to company supervisors and managers. The bill, Assembly Bill 1825, requires California-based employers to conduct at least two hours of sexual harassment prevention training every two years.

California employers may conduct sexual harassment prevention seminars through classroom training, online seminars or “webinars,” or computer-assisted seminars. AB 1825 states that professionals who can be qualified to give seminars are lawyers, human resources professionals, and professors.

AB 1825 also requires California employers to:

•    Create and implement anti-sexual harassment company policies
•    Inform employees about their rights under anti-sexual harassment laws by distributing information brochures and posting Department of Fair Employment and Housing’s (DFEH) anti-harassment posters

Employers who want to legally and carefully abide by 1825 may consult with employment law attorneys who are experienced in handling sexual harassment cases. It is advisable for California employers to understand their obligations under employment laws to avoid impeding the rights of workers, and one effective way of doing this is to consult with an expert employment lawyer.