It’s Official – Anti-Discrimination Law Does Cover Sexual Orientation. Do You Have a Case?

By: JML Law | March 9, 2018.
It’s Official – Anti-Discrimination Law Does Cover Sexual Orientation. Do You Have a Case?

Discrimination in the workplace remains far too prevalent, with numerous employees across the United States suffering unwanted attention or being treated unfairly due to their race, age, gender, nationality or another characteristic. Discrimination relating to sexual orientation has been officially made unlawful, after a New York federal court became the second in the country to rule that the 1964 Civil Rights Act and, specifically, Title VII which protects employees from being fired due to “race, color, religion, sex, or national origin”, also covers sexual orientation.

2nd US Circuit Court of Appeals, Manhattan, Rules “Legal Doctrine Evolves”

The case which was heard prior to the ruling being made involved a skydiving instructor, who claimed he had been fired after telling a client he was gay. While Chief Judge Robert A. Katzmann’s ruling acknowledges that sexual orientation was not directly mentioned in the Act, it has been stated that sexual orientation-based discrimination is related, at least in part, to sex and, as such, can be protected. It is important to note that, at present, this ruling only applies to cases which are heard in the area served by the 2nd Circuit Court, that is, New York, Vermont, and Connecticut. However, this could set a precedent for similar rulings across other states.

Although this ruling may not apply to discrimination which takes place in Los Angeles’ workplaces, rest assured you are entitled to go to work without fear of discriminatory treatment, whatever form the discrimination takes.

Unlawful Discrimination in Los Angeles

The adverse action which can constitute discrimination in Los Angeles commonly includes:

  1. Termination of employment, or firing
  2. Enforced resignation due to an intolerable workplace
  3. Demotion, transfer, or other unfavorable assignments
  4. Reduced pay
  5. Failure to hire, or failure to interview
  6. Denying promotion

You may have a discrimination case if you believe your employer has carried out one or more of the actions above based on any of the following factors:

  1. Disability discrimination, including failure to make reasonable adjustments to accommodate an employee’s disability
  2. Sex and gender discrimination, including sexual harassment
  3. Pregnancy discrimination, relating to pregnancy, childbirth, or related medical conditions
  4. Religious discrimination, including religious dress, or time off for religious events or practices
  5. Race discrimination, which covers race, national origin, color, and ancestry
  6. Age discrimination, where you are at least 40 years of age

Of course, it is not always as easy as recognizing your situation on a list and knowing you have a discrimination case. An experienced Los Angeles discrimination attorney is familiar with the complexities of the law, meaning we are well-placed to build a strong case and help you secure the compensation you deserve. In particular, we can ensure that any evidence that your employer’s behavior was based on discrimination is clear, as this is an essential requirement of such a case.

To get an outstanding Los Angeles discrimination attorney on your case, schedule your initial consultation by calling us today on 818-610-8800. Remember, there is a strict time limit on filing a discrimination lawsuit, so you must act now.

Previous Next
Top Icon
icon phone