GAY HARASSMENT

Despite many advances in LGBT rights, the workplace continues to be populated by employees who are intolerant of the LGBT lifestyle. The Employment Lawyers Group continues to take on new cases involving lesbians who are sexually harassed by straight men trying to turn them straight. We also continue to take on new cases involving gay men who are sexually harassed at work, or otherwise mistreated. Unfortunately it takes years for many members of the public to change their behavior after laws are passed.

It is a violation of the Fair Employment and Housing Act to harass an employee on the basis of sexual orientation or identification. Discrimination due to sexual orientation or identification is likewise illegal and so is the termination of an employee. Victims of these terrible acts can sue for lost wages, emotional distress, and potentially punitive damages. If the employee wins their case in arbitration or trial the employer must pay their reasonable attorney fees and costs. We can explain how that works being that we take all workplace sexual orientation lawsuits on a contingency.

Harassment at work due to being gay may also constitute a work injury compensable under the workers compensation system. Work injuries for undue job stress may exist if there has been harassment due to sexual orientation or identification.

We would appreciate a phone call if you are ready to sue for harassment, discrimination, or a job termination due to your sexual orientation. Once you are our client we will explain to you the differences between harassment and discrimination, and under what circumstances the civil courts can be used for these problems.

CALL 951-367-1000
FOR A LGBT FRIENDLY EMPLOYEE LAW FIRM

GAY SEXUAL HARASSMENT

Sexual harassment cases involving the LGBT community involve unwanted touching, unwelcome verbal comments, and potentially unwelcome written comments such as text messages regarding sex. In order to constitute sexual harassment it is not necessary that the harasser have the same sexual orientation as the person being harassed. In the case of gay sexual harassment, the harasser may be engaging in sexual acts in order to ridicule and discriminate against a person in the LGBT community. The harasser might not be interested in having sex or dating the person they are harassing. These situations may also constitute discrimination due to sexual identification and/or orientation.

Examples of gay sexual harassment our office has succeed in include:

• A gay man being tormented by a supervisor over his sexual orientation

• A lesbian being touched, fondled, and otherwise sexually harassed by a program head who wanted to turn her straight

• A supervisor who admitted she had a relationship with a woman in high school constantly bothering and talking to a lesbian employee about her sexual practices and ultimately touching her buttocks and vagina

The pendulum also swings the other way. We won a binding arbitration for a straight man who was sexually harassed by a gay man who did many offensive things including exposing himself to the straight man. Sexual harassment at work is prohibited. Lawsuits will occur.

SEXUAL ORIENTATION HARASSMENT

Sexual orientation includes being gay, bisexual, cross dressing, or being transgender. Sexual orientation also refers to being straight. These types of cases may involve ridicule, hazing, and unkind treatment at work due to sexual orientation. They may also involve excessive questions about which sexual orientation the victim of harassment is, how that works, whether they would consider going to other way, and what types of sexual practices they engage in. Sexual orientation harassment does not have to involve touching. It can involve employees excessively interested and obnoxious about another employee’s sexual orientation.

Like all forms of harassment, the conduct needs to be unwelcome. Cases in which the harasser is engaged in voluntary discussions about the LGBT community with the alleged harasser, or how a sexual practice and dating works may have trouble proving the conduct was unwelcome. If you are uncomfortable with the manner somebody at work is talking to you about your sexual orientation you need to tell that to the person making the comments or treating you that way. You should also inform management and human resources.

If you are ready to take legal action due to harassment, discrimination, or a job termination or need to resign we encourage you to call our experienced workplace lawyers at 951-367-1000. We have offices in Riverside, Ontario, and several in Los Angeles County. We have been representing nobody but employees since 1993.

Proudly serving the LGBT community in workplace disputes in California, Riverside County, and the Desert cities including Palm Springs, Palm Desert, La Quinta, Indian Wells, and Coachella.