In addition, in some circumstances, wrongful termination can also involve instances of gender identity and sexual orientation discrimination. Remember, the California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment due to a worker’s sexual orientation.
This includes instances when an employer may have fired you because you are gay, or because you are a transsexual, transvestite or a “person with traits not stereotypically associated with [a] gender.”
If you believe that you are experiencing issues at work because of your gender or sexual orientation, your first step may be to talk to a supervisor or the human resources employee. By reporting the issues you are experiencing, you may be able to alleviate them.
However, if you have been fired, and you believe it may be because of your sexual orientation or gender, you should speak to an attorney. In California, you are guaranteed certain workplace rights—not only is it depraved to fire a worker because of his or her sexual orientation, it may also be illegal.
Wrongful Termination Case Given Approval to Move Forward
A good example of a discrimination case making statewide news is that of former Hesperia Unified teacher Julia Frost.
In her lawsuit, filed in a San Bernardino County Superior Court, Frost claims that she was fired because she is an open lesbian. Additionally, she claims that school officials retaliated against her because she supported a group of gay high school students when they protested against what they alleged were discriminatory acts by the school.
The lawsuit was recently approved to move forward to trial by a judge.
Speaking to an Attorney about Sexual Orientation Discrimination
If you have been fired from a job and feel your employer was irresponsible in your termination, speak to an attorney. Remember, you may be entitled to damages—your sexual preference is not a good reason for an employer to terminate you.
Fight back if gender or sexual orientation discrimination has happened to you.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? According to the EEOC, there were nearly 7,000 lawsuits filed in California during the 2013 fiscal year over discrimination claims.