Practice Areas

Sexual Orientation Discrimination

It is unlawful to discriminate against a person because of their sexual orientation. The phrase sexual orientation specifically refers to whether a person identifies as heterosexual, homosexual, or bisexual. Employers are also prohibited from discriminating against employees for their perceived sexual orientation. For example, if an employer discriminates against you because it believes you are homosexual, but you are in fact heterosexual, this would be discrimination even if you are not homosexual.

The Fair Employment and Housing Act (FEHA) is the body of law that prohibits employers from discriminating against employees because of their sexual orientation. Under the FEHA, employers must not consider an employee’s sexual orientation when making any job-related decisions including hiring, firing, promoting, demoting, or assigning new positions. Employers have a legal obligation to prevent sexual orientation discrimination from occurring in the workplace by providing workplace training.

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