Unfortunately, an unsafe or uncomfortable workplace environment could cause emotional distress. This is especially true if you have experienced discrimination from your employer or from your coworkers simply because you belong to a protected class. LGBTQ discrimination is outlawed in Bakersfield, california. However, there are still reports of LGBTQ discrimination at work, despite the fact that there are several protections in place.

Discrimination can take place in many different ways, from harassment to verbal threats. We recommend that you speak up and speak to our attorneys during a confidential consultation to get more information on how you could hold your employer responsible for any discrimination that you have received at work. 

Our Bakersfield employment attorneys understand that being discriminated against could be very traumatic, especially if it occurs at work, a place that you return to every day. Sexual orientation discrimination and gender discrimination have become very popular within the last couple of years.

When does LGBTQ discrimination happen?

Those who have experienced discrimination at the workplace could experience it at any point throughout the employment process. Below are some examples of the employment process:

  • Hiring the employee: When a Bakersfield employer fails to hire an employee simply because they belong to the LGBTQ community, this is considered discrimination. Many people may have the misconception that simply not hiring an employee is not enough to file a discrimination claim. But, that is not the case. If you were not hired for a position, you still have the right to file a lawsuit, even if you’re not necessarily considered an employee.
  • Interviewing the employee: When conducting interviews, an applicant cannot be denied an interview simply because they belong to the LGBTQ community.
  • Promoting the employee: If there are two employees with the same experience and the same work product, and only one was promoted, and the other one wasn’t, you could show a correlation between LGBTQ community relationships and facing discrimination at work.
  • Terminating the employee: Terminating the employment after realizing that an employee belongs to the LGBTQ community is also a form of workplace discrimination.

Simply because you belong to a protected class, an employer cannot take steps against you. This is known as workplace retaliation. Contact our Bakersfield attorneys for more information.

Do I have a claim for harassment?

Sometimes, those who have experienced LGBTQ discrimination may also have a workplace harassment claim. Harassment must fall under Title VII of the Civil Rights Act of 1964. If you have experienced harassment based on your gender expression, sexual orientation, gender identification, or gender, you may have a claim for harassment against your employer. Harassment claims could be brought against an employer even if other coworkers have harassed the victim. 

What should I do after experiencing LGBTQ discrimination at work?

Our Bakersfield employment attorneys recommend that you take specific steps after experiencing discrimination based on your LGBTQ status at work. These steps include:

  • Taking notes of the discrimination: Take notes of every single event, and note exactly who was there and where it happened. Sometimes, discrimination could be difficult to prove because the employer may deny every single occurrence. Having all the information saved in writing is important when filing a future lawsuit.
  • Make sure you have a copy of your employee handbook: An employee company handbook is very important when filing an employment discrimination lawsuit. The handbook outlines what rights employees have, and should specify the steps that an employee should take when reporting a sexual harassment incident or a discrimination incident.
  • Contact human resources: Sometimes, Bakersfield employees may request that employees who have faced discrimination report up to the human resources department. They may conduct their own internal investigation.
  • Hire an experienced Bakersfield discrimination attorney: Sometimes, human resources may not take the necessary steps. Or, you may face even more discrimination and retaliation at work because you spoke up. Having an experienced Bakersfield employment attorney on your side could be very beneficial when holding your employer responsible.
  • File a discrimination claim: After having an employment attorney on your side, you may be able to file a discrimination claim with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission will take a look at the claim and investigate the circumstances of the discrimination.

What are examples of compensation in an LGBTQ discrimination lawsuit?

Examples of compensation in an LGBTQ lawsuit include:

  • Front pay: This is the decrease in future pay you may receive from taking time off of work.
  • Back pay: this is the amount of compensation you are owed, in the event that you have a wage dispute with your employer.
  • Reduced: You could recover reduced pay in the event that you have been demoted due to your LGBTQ status.
  • Emotional distress: Emotional distress is very common among those who have suffered LGBTQ discrimination at work. Emotional distress includes pain and suffering, such as mental anguish, anxiety, depression, and the psychological toll that discrimination could have on the employee. 

Could I transition while at work?

Under Title VII, an employer is outlawed from discriminating against an employee simply because they are transitioning. If your employer has discriminated against you, you have the right to hold them responsible under a discrimination lawsuit in Bakersfield.

Hostile Work Environment In Bakersfield

If you have experienced a hostile work environment at work, you should contact your human resources department. If they have taken no necessary steps, you could then file a lawsuit against your employer for unsafe working conditions. All employees in California should be comfortable at work, and given the necessary resources to continue with work. If you have experienced a hostile work environment, give us a call today to discuss.

Example Of Workplace Discrimination

You have recently identified yourself as a member of the LGBTQ community to your employer, and to coworkers who work with you. After announcing your association with the LGBTQ community, your employer has lessened the number of hours at work. You used to be a full-time employee, but now you are a part-time employee. Your employer has a history of discrimination against other employees. 

If you have been discriminated against because you belong to a specific group, you have the right under federal, state, and Bakersfield law to hold your employer accountable for any discrimination that you have faced while at work.

Have you been discriminated against at work because you belong to the LGBTQ community? Have you been discriminated against after identifying as a specific sexual orientation? Call our attorneys today.

LGBTQ Discrimination Attorneys Near Me

Our attorneys are confident that our lawyers have the skill and experience necessary to make sure that you get the compensation you need to move forward with your life and hold employers responsible for failing to respect your employee rights.

We always want to make sure that our clients feel comfortable every step of the way, and we get all the details of their claims prior to investigating the circumstances of the accident. We have access to top-rated employment experts who could determine the damages and the financial impact of discrimination.