Sex, Gender Identity, Gender Expression, and Sexual Orientation Discrimination, Harassment, and Retaliation Claims
At LCK Law, we are committed to protecting the rights of employees who face discrimination, harassment, or retaliation based on their sex, gender identity, gender expression, or sexual orientation. While these concepts are related, they have distinct meanings and legal protections:
- Sex refers to the biological characteristics (such as chromosomes, reproductive organs, and hormones) that differentiate male and female individuals.
- Gender identity is an individual’s internal sense of their own gender, which may or may not align with the sex assigned to them at birth. This includes identifying as male, female, both, neither, or somewhere along the gender spectrum.
- Gender expression refers to how an individual outwardly expresses their gender, including their clothing, hairstyle, mannerisms, and other behaviors that may be perceived as “masculine,” “feminine,” or non-binary.
- Sexual orientation refers to who a person is attracted to, including being heterosexual, homosexual, bisexual, or identifying in other ways based on attraction to individuals of specific genders.
All forms of discrimination, harassment, and retaliation based on these characteristics are unlawful under federal laws like Title VII of the Civil Rights Act of 1964 and Title IX, as well as state laws such as the California Fair Employment and Housing Act (FEHA). If you have experienced mistreatment based on your sex, gender identity, gender expression, or sexual orientation, we are here to help you take action and protect your rights.
Sex, Gender Identity, Gender Expression, and Sexual Orientation Discrimination
Discrimination based on sex, gender identity, gender expression, or sexual orientation occurs when an employee or job applicant is treated unfairly because of one or more of these characteristics. Examples include:
- Unfair hiring, firing, or promotion decisions based on sex, gender identity, gender expression, or sexual orientation
- Unequal pay or denial of benefits because of gender, sexual orientation, or gender expression
- Being subjected to different job assignments, responsibilities, or career opportunities due to gender or sexual orientation
- Being fired, demoted, or treated unfavorably because of a person’s gender identity or sexual orientation
Discrimination in any form based on these characteristics is illegal. If you believe you have been discriminated against because of your sex, gender identity, gender expression, or sexual orientation, you have the right to pursue a claim and seek compensation for the harm you’ve endured.
Sex, Gender Identity, Gender Expression, and Sexual Orientation Harassment
Harassment based on sex, gender identity, gender expression, or sexual orientation occurs when an employee is subjected to unwelcome, offensive conduct that creates a hostile or abusive work environment. This can include:
- Derogatory remarks, jokes, or slurs about an employee’s gender, sexual orientation, or gender expression
- Misgendering, or using incorrect pronouns intentionally to disrespect someone’s gender identity
- Exclusion or isolation of an employee due to their gender identity or sexual orientation
- Physical or verbal abuse, threats, or humiliation based on sex, gender identity, gender expression, or sexual orientation
Employers are legally obligated to prevent and address harassment in the workplace. If you are subjected to such treatment and it creates a hostile work environment, you may be entitled to legal recourse and compensation for your emotional distress and other damages.
Retaliation for Reporting Discrimination or Harassment Based on Sex, Gender Identity, Gender Expression, or Sexual Orientation
Retaliation occurs when an employer punishes an employee for asserting their rights, such as reporting discrimination or harassment based on sex, gender identity, gender expression, or sexual orientation. Retaliatory actions can include:
- Termination, demotion, or reduced hours following a complaint about discrimination or harassment
- Negative performance reviews, unwarranted disciplinary actions, or being assigned undesirable tasks after raising concerns
- Exclusion from promotions, raises, or career opportunities because of a report of discrimination or harassment
- Isolation or mistreatment after filing a complaint related to sex or sexual orientation discrimination
Both federal and state laws protect employees from retaliation for reporting discrimination or harassment. If you have faced retaliation for asserting your rights, it is important to take action and ensure that your employer is held accountable.
How We Can Help
At LCK Law, we are passionate about protecting the rights of employees who face discrimination, harassment, or retaliation based on their sex, gender identity, gender expression, or sexual orientation. We offer experienced, compassionate, and aggressive legal representation to help you navigate the legal process and seek the justice you deserve.
Whether you are seeking reasonable accommodations, addressing a hostile work environment, or taking action against retaliation, we will work tirelessly to ensure that you are treated fairly. Contact us today for a confidential consultation and let us help you protect your rights in the workplace.