The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
May 1, 2019
Us Supreme Court to Decide Fate of LGBTQ Workplace Discrimination
Over the last decade, the LGBTQ community here in California and across the country has battled to receive the same rights as everyone else. The rights to legally marry, to have children and to receive other benefits previously reserved for traditional couples gave this community hope that society has changed and become more tolerant. Unfortunately, instances of workplace discrimination do not always reflect the changes that have occurred.
Now, the U.S. Supreme Court will rule on whether the LGBTQ community receives protected status under current civil rights laws. To this point, lower courts have not come to a consensus on the issue. This division has further complicated matters and delays people in this community from receiving much needed legal protections.
The community turned to the courts because Congress has thus far refused to take any action to rectify this problem. The Equal Employment Opportunity Commission came to the conclusion that the LGBTQ community deserved federal protection from workplace discrimination back in 2015, and some courts agree. With the lack of consistency in the lower courts, the country’s highest court was urged to settle the issue.
This is one more right that the LGBTQ community needs on its quest for equality in all aspects of life. Many who advocate for those suffering from workplace discrimination will more than likely closely watch the progression of this case. In the meantime, victims here in California and elsewhere should continue to fight for their right to work in a safe and nondiscriminatory workplace. No one should have to put up with discrimination, harassment and other derogatory behaviors at work or elsewhere.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).