Discrimination due to gender/sexual orientation is rampant. Here’s what to know about LGBTQ+ Workplace Sexual Harassment Laws in California.
What is Workplace Sexual Harassment?
Sexual harassment is a form of sex discrimination which violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. This refers to both unwanted sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions which create a hostile or offensive work environment.
How Workplace Sexual Harassment Affects the LGBTQ+ Community
Under California law, the offensive conduct does not have to be motivated by sexual desire; it may be based on an employee’s actual or perceived sex or gender-identity, as well as their actual or perceived sexual oreintation. Sexual harassment includes gender-based harassment of a person of the same sex as the harasser, and actions that subject co-workers to a hostile work environment.
Your employer cannot harass you for being LGBTQ+. This means that illegalany form of discrimination that occurs when an employer (or a co-worker with the employer’s knowledge) subjects you to a hostile, offensive, or intimidating work environment because of your sexual orientation, gender identity, and/or gender expression, that is illegal. To be illegal, the behavior has to be unwelcome and harmful enough that it interferes with your ability to do your job. The law offers you protection from harassment by supervisors, coworkers, or even customers and third parties.
California Law and Sexual Harassment
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Practically, this could range from offensive “jokes”, to inappropriate physical contact, to outright sexual assault.
Related: Sexual Harassment Laws in California
What to Do If You Are Being Harassed Due to Your Sexual Orientation
1. Document Your Experience
Keep detailed documentation of the dates, places, and conversations you have had with the perpetrator, your supervisor, or your coworkers about any instances of sexual harassment. These notes will be crucial if you hope to achieve legal action in regards to the harassment.
2. Tell the Person to Stop
While this seems obvious, there are certain cases of workplace sexual harassment where letter the offender know their behavior is inappropriate and unwelcome is enough for them to stop.
3. Complain to Your Manager
If your attempts to stop the perpetrator are unsuccessful, take your complaints of sexual harassment to your supervisor, manager, or human resources department. They are legally required to protect workers from sexual harassment.
4. File a Complaint with the Appropriate Government Agency
If your manager or employer does not take significant action upon your complaints, you should file a claim with the EEOC or the Department of Fair Housing and Employment in California. These agencies will investigate and, in some cases, they will choose to sue on your behalf. If the EEOC does not sue on your behalf, they may issue a “right to sue” letter. In this case, you may secure the services of a private attorney and take your case to court.
Related: How to File a Sexual Harassment Complaint in California
FAQs
Can my employer legally retaliate against me because I complained about discrimination and/or harassment?
No. It is illegal for an employer to retaliate against an employee who complains about discrimination or harassment in the workplace. If you are being retaliated against because you complained about harassment, seek legal assistance.
During an employment interview, can I legally be asked to state my sexual orientation, gender identity, and/or gender expression?
No. An interviewer in California cannot legally ask a job applicant about their sexual orientation, gender identity, or gender expression. An employer can also not require you to disclose your gender on a job application.
Is it harassment if my employer repeatedly addresses me by the wrong name and pronoun?
If your employer intentionally and consistently addresses you by the wrong name and/or pronoun after you have informed them otherwise, that could legally be considered harassment. Seek legal assistance to learn about your options.
What if I am not LGBTQ, but my employer mistreats me because they think I am?
The state of California prohibits discrimination based on “actual or perceived” sexual orientation, gender identity, or gender expression. This means you are protected even if your employer is mistaken about your identity.
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If you’d like to know more about LGBTQ+ Workplace Sexual Harassment Laws in California, get your free consultation with one of our Employment Discrimination Attorneys today! We won’t charge you a dime unless you win your case.