A personal injury attorney can play a key role in the bringing of claims against an employer who actively or passively discriminates against an employee who is perceived to be gay, lesbian, bisexual or transgender (gender identity). The law prohibits this type of discrimination, even though it happens with frequency. Often it is not the official policy of the company, but rather the actions of middle managers and peers that aren’t prevented and reprimanded by the employer.

California law also protects individuals against discrimination in housing, based on perceived sexual identity and gender identity.

To successfully pursue any type of discrimination based on sexual orientation, a gathering of pertinent facts is necessary. All communication and incidents should be recorded and saved along with any other evidence that proves the discrimination. Your own communication with the offending parties is key as well. By engaging a personal injury attorney who specializes in sexual orientation discrimination cases, you are more likely to have a successful case.

What is sexual orientation discrimination?

The California Unruh Civil Rights Act amendment to the Fair Employment and Housing Act (FEHA) prohibits discrimination in “all business establishments of every kind whatsoever.” Discrimination is defined by the state as being treated differently or harassed because of real or perceived sexual orientation. In other words, it’s possible a heterosexual would receive this same level of discrimination if he or she is <em>perceived</em> to be gay or because of gender identity (transgender).

This type of discrimination in employment can take several forms:

• Assault


• Battery (involving physical contact)


• Defamation


• Harassment


• Infliction of emotional distress (intentional or negligent)


• Interference with an employment contract


• Invasion of privacy


• Unequal treatment in recruitment, hiring, job assignments, promotion, compensation and termination


• Wrongful termination

In housing, discrimination on the basis of sexual orientation may include

• Different terms, conditions, or privileges


• Falsely denying availability of a property


• Lenders refusing to provide credit on equal terms

Because the law clearly ensures employment and housing rights to all individuals regardless of their sexual orientation, infractions are grounds for a civil suit. Contact a personal injury attorney as soon as possible to discuss your case.

<em>R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.</em>

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.