WHAT IS sexual orientation DISCRIMINATION in employment?
It is unlawful sexual orientation discrimination when an employer terminates, demotes or fails to hire a person on the basis of that person’s sexual orientation. Sexual orientation includes heterosexuality, homosexuality and bisexuality, as well as gender identity and expression.
It is also unlawful for an employer to discriminate against an employee or applicant based upon the “perception” of his or her sexual orientation or “association with” someone, i.e. spouse or family member of a particular sexual orientation.
how do you prove sexual ORIENTATION discrimination?
A sexual orientation discrimination claim is proved through direct or circumstantial evidence of discrimination. Direct evidence may include derogatory remarks about the employee’s sexual orientation. The remarks do not have to be directed to the employee. Rather, derogatory remarks in the presence of other employees can be strong evidence of sexual orientation discrimination.
Circumstantial evidence of discrimination may include replacement by an employee of a different sexual orientation, failure to follow policies applicable to the employee, false or illogical reasons for the employee’s termination, or evidence the employer discriminated against other employees of the same sexual orientation.
WHAT ARE YOU ENTITLED TO RECOVER IN A Sexual orientation DISCRIMINATION CASE?
- All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct
- Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress
- Punitive damages to deter your employer from engaging in similar conduct in the future
Brock & Gonzales, LLP specializes in sexual orientation discrimination cases. If you feel you have been discriminated against on account of your sexual orientation, contact us to set up a free consultation.