Gay, lesbian, bisexual and transgender people have faced discrimination at work for hundreds of years, and at one time there was small that they could do about it. Fortunately that's all modified, and in several states, including California, it is now illegal to discriminate against somebody for being gay. Ultimately gay discrimination is no longer tolerated in these states, and people who are victims have a legal recourse to seek justice and remuneration. But unfortunately these laws do not exist at the Fed. level, though most individuals feel it's just a matter of time till they are enacted. If you are not sure about the laws in your state regarding discrimination against gay, lezzies and bisexuals, the nicest thing you can do is to talk to a work attorney in your area. Laws differ at the state and local levels so what?s true in one state would possibly not be true in another.
It is not lawful in California for an employer to discriminate against an employee due to that employee?s sexual preference or perceived sexual preference. There aren't any federal laws prohibiting this kind of discrimination.
It's also unlawful in California for an employer to discriminate against a worker on the principle of that employee?s perceived sexual orientation. So if an employer believes a worker is gay, and fires him because of that, it is unlawful whether or not the worker is really gay. This is significant because many gay people choose to keep their non-public lives non-public. With this stipulation it suggests that no one has to come out and say they're gay so as to be guarded by the law.
One of the aspects of the California law is that the employee must make a complaint to the California Labor Commission no more than 30 days after she or he is discriminated against. Only after the Work Commission has processed the claim may the worker sue in court.
Frequently the same actions that violate the laws against sexual proclivity discrimination violate other laws as well. It is possible that an employer who is discriminating on the principle of sexual proclivity is also discriminating on the supposition of sex.
For example, a male employer asks a lesbian worker to sleep with him. She says no, and touches on her sexual preference. He is saying that he will not employ a lesbian and fires her. It could be argued that he in addition has discriminated on the presumption of sex, because it?s illegal for him to fire her because she did not sleep with him. That will be a form of sexual victimization. (For a fuller discourse on sexual aggravation, see the section on Sexual Victimization ? Office.)
The law against sexual proclivity discrimination is very new, so it's not clear what damages can be received in court. However , it would appear that employees can recover their lost wages and other benefits, emotional distress damages, and punishing damages. It is not at all clear whether or not they may recover attorney?s costs and charges.
Kip Zararki required a discrimination lawyer after he was fired for being gay. California labor attorneys helped him get his job and his life back.
wild flag frank lucas stevie wonder gurkha cobra starship cobra starship blue whale
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.