Employer Retaliation Against LGBT Workers: Know Your Rights

In this article, you can discover…

• The most common forms of employer retaliation after reporting LGBT discrimination.
• How to differentiate between legitimate disciplinary actions and retaliation.
• How an employment discrimination attorney can assist you in a retaliation case.

What Are The Legal Protections Against Workplace Retaliation For LGBT Employees Under California Labor Laws?

In California, labor laws protecting LGBT employees are greater than just about anywhere else in the United States. In fact, many other states are looking at our laws and adopting portions of them.

Under the Department of Fair Employment and Housing, now called the Civil Rights Department, there are various levels of protection to safeguard employees from discrimination. These protections cover sex, age, ethnicity, and sexual orientation.

LGBT employees are protected against harassment, discrimination, and the presence of a hostile work environment. It doesn’t matter if it only happens once – it’s unacceptable. Even a single inappropriate statement, especially if made publicly or in front of other employees, can be reported, and the individual responsible may face penalties.

What Are The Most Common Forms Of Employer Retaliation After Reporting LGBT Discrimination In California Workplaces?

To answer this question, I will give you an example of a case.

There was this mom-and-pop establishment, and our client, employed by them, happened to be gay. The client worked at the company alongside the mother and daughter who owned it, along with a couple of other female employees. He was the only male employee, and whenever he dressed up, they would compliment him, saying things like “You look so good!” or “Wow!”

When he was at the cash register or walking around the store, he often caught them checking him out. Everything seemed pretty normal – they had lunches together, joked around frequently, and the workplace environment seemed welcoming and amicable.

One evening, they asked about his plans, and he casually mentioned he was going out on a date. When they pressed for details about his date, he didn’t think anything of it and showed them a photo of a man on his phone. Instantly, the atmosphere changed.

The next day, he was like an alien. The other workers became distant – they stopped joking around or having lunch with him. He started receiving fewer assignments, and within a month, they told him they had no more work for him. They tried to frame it as a business decision, but it was clear to him they were uncomfortable with his sexual orientation.

I took legal action on his behalf and was able to secure the compensation he deserved.

The way this client was treated is an excellent example of retaliation. Employers can’t legally ask about your sexual orientation, let alone treat you differently once they find out what your sexual orientation is.

Attorney Kevin Levian is a compassionate and dedicated attorney in Los Angeles, CA. He has helped countless LGBT clients just like you navigate workplace discrimination. With over 20 years of experience, he is prepared to advocate for you so that you can find peace of mind knowing your rights have been defended.

Still have questions? Ready to get started? Contact Levian Law today to schedule a free initial consultation.

How Can I Differentiate Between Legitimate Disciplinary Actions And Retaliation?

Differentiating between legitimate disciplinary actions and retaliation is probably the most challenging part of employment law.

In personal injury, which is the other type of law we practice, liability is often straightforward; the vehicles hit each other, and most of the time, you can easily determine who was at fault. Employment law is more like a he-said-she-said game where everything hinges on evidence – who knew and who didn’t know.

Hypothetically, let’s assume I have a client named “Mr. Joe”. He was doing fine at work, and everything was going well. Come Pride Month, he decides to wear something in support of the LGBT community. He hadn’t told anyone he was gay, but maybe someone inferred or saw on his Instagram that he attended a Pride event. Suddenly, his co-workers start treating him differently or saying things like “I don’t want to share a bathroom with him” and making other internal complaints. The employer then decided to fire him.

Mr. Joe comes to me and says, “Kevin, I think I was fired because of my sexual orientation.” I have to ask, “Did you ever inform them?” I’m told he did not. “Did any of your co-workers know?” I ask. I’m told they did not.

That makes it very tricky to prove discrimination. That’s why whenever a client comes to me while they’re still employed, I always give them the same advice: document everything.

If you have concerns about discrimination, you should request a meeting with your employer and put your complaints in writing. Send an email, a letter, a text, or anything that leaves a trail. If you only make a complaint verbally, there’s not much an attorney can do, as your employer can simply deny it.

How Can LGBT Employees In Los Angeles Effectively Document Workplace Retaliation For A Strong Legal Case?

Effectively documenting workplace retaliation can be challenging because, under California law, you’re not allowed to record without giving notice. Of course, if you let someone know you’re recording them, they’ll choose their words more carefully.

It’s essential when making a complaint that you don’t mention you’re speaking to an attorney. Instead, you simply file the complaint, stating: “A, B, and C have happened. This has taken place.” Once you do that, the employer is required by law to start an investigation. But without filing that complaint and without proof that the employer knows your sexual orientation, there’s not much that can be done.

Assume I have a client who is gay and the only male in an office full of women. The moment when he started noticing changes to the social environment, such as no longer being invited to lunch or feeling excluded, was the prime opportunity to send an email to his supervisor. The email could be as simple as “Hi, I’ve noticed a pattern of this happening.”

What you should not do is ask for a conversation with your supervisor and say something like, “I heard this happened, that happened, and since I showed the photograph of my date, I feel like I’m being discriminated against.”

If you have the conversation in person and complain verbally, they can ignore it. This will also give them the opportunity to start building a paper trail against you – writing you up, documenting performance issues, etc., making it look like they had already decided to fire you for other reasons.

How Can An Employment Discrimination Attorney Assist Me In A Retaliation Case?

I can assist you through my diligence and knowledge of the system. I’ll request your personnel file and check to see if there have been any write-ups or if you’ve signed anything that could be a detriment to your case.

I’ll take depositions from the CEO or your direct supervisor – have they ever employed someone of your sexual orientation before, and if not, what are their thoughts on the matter? Of course, they won’t come right out and express their discrimination – they’ll deny it every time. However, what I can prove is that everything changed for you from a specific date.

I also assist by making sure your employer is held accountable for their actions. If I file a suit against your employer, I’ll be sure to send a copy to the proper news sources. If the public knows they’ve discriminated, they could lose a significant chunk of business from the LGBT community.

How Do You Address The Emotional Toll On A Client When Gathering And Reviewing Such Sensitive Evidence?

I think the most important thing I can do to address the emotional toll on a client is to let them speak. When it comes to practicing law, it’s not just legal know-how or fighting in court – it’s a bit like being a psychiatrist. I listen to everything my clients want to say so they can get it off their chest.

But then I make it clear: my goal is to help you financially because that’s all I can do. I can’t punish the employer or put them in jail – my only tool is the legal process. In the practice of law, 99% of the time, that means money through a settlement.

I can’t go back in time and prevent the discrimination from happening, but I can at least help my clients take a new step forward. My job is to get you compensation, and with that money, you’ll be able to put yourself in a far better environment. You’ll be able to be around people who respect and support you. Or even start your own business.

You don’t want to stay around people who don’t have it in them to respect you. It’s better to get out, and it’s better to figure out who these people are now rather than later.

Still Have Questions? Ready To Get Started?

For more information on LGBT discrimination at work, a free initial consultation is your next best step. Get the information and legal answers you need by calling (888) 694-8869 today.