Legal Question in Discrimination Law in California
Discrimination - Sexual Orientation
Recently, a co-worker got into a heated discussion with another lesbian co-worker of mine and the co-worker told my lesbian co-worker, that I was a bitch and a queen and she was my little bitch. In addition, since my lesbian co-worker was angry about these comments made she wanted to diffuse the situation simply by leaving the scene but her exit was blocked by our co-worker which ultimately made her feel very uncomfortable. Luckily, someone came to check out the situation and she was able to leave. Since we are both gay, we feel very descrimated against by this co-woker as well as concerned as to what may happen should our co-worker get enraged again. It seems the company is uncertain as to what to do and seems that they are just going to document the situation, however, we feel that if the same occurred to our co-worker but with a racial slur (as she is african american) that something more than an entry into our personnel file would occur. Is there any merit here for a case against the company for not doing any more besides documenting the event as we both feel very uncomfortable just going to work on a daily basis?
2 Answers from Attorneys
Re: Discrimination - Sexual Orientation
The company is required to conduct an investigation of the sexual orientation harassment and take appropriate action, including counseling the offending party. The aggrieved party might have other remedies if the company does not take appropriate measures to abate the situation, including filing a complaint with the CA Department of Fair Employment and Housing.
Re: Discrimination - Sexual Orientation
IF you are saying you and the co-worker are homosexual and were subjected to harassment or disparate treatment because of it, and the company failed or refused to properly remedy the situation, then you have grounds for filing legal claims. What you describe sounds like actionable discrimination, yes. If you're serious about taking action, and this is in SoCal, feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
