LGBT Rights discrimination differs in each state, but in our city of Los Angeles and the state of California, the laws are clear in the fact that they do not tolerate the illegal persecution of anyone based on sexual orientation or gender identity in employment. As Los Angeles based attorneys, it is our duty at McElfish Law Firm to uphold the California non-discrimination laws to protect lesbian, gay, bisexual and transgender (LGBT) employees from suffering from the insensitivity that some employers deliver through LGBT rights discrimination. Our experienced and accomplished attorneys know that individuals cannot be discriminated against for same-sex relationships or for gender reassignment, no matter the employer’s personal stance on the issues. It is our pleasure to assist those who have fallen victim to LGBT Rights discrimination in regaining their position in society as equals with the compensation and retribution they deserve.

Our attorneys will provide a free consultation to anyone who believes their employment has terminated or jeopardized because of LGBT rights discrimination. As the support for the LGBT community continues to evolve, we are committed to growing with the cause by upholding their beliefs that are already protected by the law. Each case differs dramatically, and it is our goal to ensure that we understand your position fully, so we can represent your specific case in court accurately and successfully. McElfish Law Firm will provide personal attention to your case, while helping you understand the steps necessary to hold the offending parties responsible. Together we will help you deliver a victory against LGBT rights discrimination.


What is LGBT Rights Discrimination?

LGBT discrimination is any discrimination based on sexual orientation, including homosexuality, heterosexuality, bisexuality, and gender identity. Essentially, if your employer treats you differently because you are a member of the LGBT community, you may be a victim of discrimination. Harassment is a type of discrimination involving unwelcome conduct. LGBT harassment is any harassment based on sexual orientation or gender identity.

Many courts view LGBT discrimination and sex discrimination as separate and distinct concepts. On the other hand, the federal Equal Employment Opportunity Commission (EEOC) has taken the position that LGBT discrimination is covered by federal laws barring sex discrimination. Whatever the rule, if you are the victim of sexual harassment at work, even if your harassers are members of the same sex, you may be entitled to relief. Your employer has a duty to provide you with a safe, harassment-free work environment. If you ask your employer to stop the harassment, but it does not stop, you may be entitled to compensation.

What types of workplace discrimination are common for the LGBT community?

Discrimination can be difficult to identify and even more difficult to prove. Common examples of workplace discrimination based on sexual orientation or gender identity could include:

• Bullying and harassment based on sexual orientation

• Job or promotional denial based on sexual orientation or gender identity

• Job benefits denial based on sexual orientation or gender identity

• A noticeable difference in treatment compared to others

• Negative job performance review because of sexual orientation or gender identity rather than actual job performance

• Termination based on being sexual orientation or gender identity

 What should you do if you have witnessed or experienced discrimination?

If you believe you or someone you know is the victim of workplace discrimination based on sexual orientation or gender identity, you may be able to file a claim for discrimination. You can file a discrimination claim with either the federal government via the federal Equal Employment Opportunity Commission (EEOC) or with a State agency.

Once you have filed your claim, the agency will investigate the claim. If it agrees that there was discrimination that violated a federal or state statute or regulation, it may impose penalties against your employer. You may have the right to file a claim in court if you are not satisfied with the agency’s determination.

If you win your case, you might:

•Get your job back

•Get the promotion you deserved

•Recover compensation, such as back pay and benefits, front (future) pay, and compensatory damages (mental anguish, inconvenience, etc.).

Do you need to hire an attorney?

The short answer to this question is yes. Hiring an attorney can be essential to your discrimination or harassment case. Because both the federal and state laws concerning LGBT rights and discrimination are fairly new and constantly changing, it can be easy to make a mistake that could hurt your case.

Furthermore, there are multiple deadlines you must meet when filing a claim for discrimination or harassment. If you miss a deadline, you could lose your right to sue. Even if your employer blatantly discriminated against you based solely on the fact that you are gay, lesbian, bisexual, or transgender, if you miss a deadline, your employer could get away with no punishment whatsoever.

Because you can lose your right to sue if you miss your deadline, you should contact an employment attorney as soon as possible after an instance of harassment or discrimination.

McElfish Law Firm Can Help You

The employment attorneys at McElfish Law Firm can help you fight back against intolerance in the workplace. Discrimination and harassment should not go unchecked simply because the laws surrounding these issues are new. Our attorneys are up-to-date on all the latest changes in employment law and will help you collect the evidence you need to prove your employer behaved illegally.

Contact McElfish Law Firm today at 310-659-4900 to find out how we can help you live life to the fullest now.