While most people are aware of discrimination against others because of their race, sex, disability, or age, another form has been occurring across the country and mobilized states to pass laws regarding it. That’s discrimination because of sexual orientation or gender identity, often identified by the acronym LGBTQ+. Discrimination against this group encompasses housing, education, the workplace, and basic services such as providing wedding cakes for same-sex marriages. Because of the power structure, combatting discrimination in the workplace is especially a challenge when your boss is actively targeting you or passively allowing other workers to harass you.

You have the right to take measures to stop this discrimination with help from a compassionate workplace discrimination attorney. If you believe you are wrongly being deprived of your rights or retaliated against at work, a Sacramento LGBTQ+ discrimination lawyer at Erkel Law, P.C. is ready to help.

LGBTQ+ Rights in Employment

If you are a member of the lesbian, gay, bisexual, transgender, queer, intersex, asexual, or other gender identity or sexual orientation communities, you have certain rights. The state widely holds that it is illegal to discriminate against those who are LGBTQ+, including in the workplace.

Employers are not allowed to harass, demote, retaliate for filing a complaint, pass over for promotion, dismiss, refuse to hire, or engage in any other form of discrimination against members of the LBGTQ+ community because of sexual orientation, gender identity, or gender expression.

Employers Cannot Dictate Restroom Use

Under state law, employees are permitted to use the restroom they feel is safest and most appropriate. Employers cannot dictate which restroom employees must use.

Employers who offer single-stall bathrooms must label them with terms like Unisex or Gender Neutral. If an employer does not align policy with the law, a Sacramento LGBTQ+ discrimination lawyer at Erkel Law, P.C. can represent you at a regulatory hearing and file a civil lawsuit when appropriate.

Some Employees are Exempt from Discrimination Laws

While most employees are afforded legal protection against discrimination under state and federal law, some are not. Exempt employees include:

  • Some employees of religious organizations like churches and mosques, as described by Title VII’s ministerial exception under the First Amendment
  • Those who work at a business that employs fewer than five people
  • Under state law, harassment of others is prohibited even if a business has only one employee
  • Federal discrimination protection applies to companies with at least 15 employees

If you are employed as a teacher or guidance counselor in a religious school, you should be aware that religion-based discrimination law is constantly being challenged in court. A lawyer at Erkel Law, P.C. in Sacramento can determine which laws apply in LGBTQ+ discrimination cases.

Fights LGBTQ+ Discrimination With an Attorney in Sacramento

You cannot change the innate characteristics that make you who you are, and others should not discriminate against you in the workplace or other avenues of your life because of them. This includes discriminating for a disability, age, sex, race, ethnicity, but also your gender identity and sexual orientation, which fall under sexual discrimination.

Erkel Law, P.C. can help you file a regulatory complaint against those who choose to illegally discriminate in the workplace and seek damages for lost wages and the emotional distress and embarrassment of being treated unfairly. Call now to discuss your situation with a Sacramento LGBTQ+ discrimination lawyer.

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