2013
Is it legal to fire an employee in California for being gay?
Many people may think that they understand the laws that protect workers on the job. They may assume that they know their rights and can tell when an employer’s actions are harassing or discriminatory. However, the truth is that employment law can be very complex and the laws govern employment practices change all the time.
For example, do you know if it is legal to fire someone based on the color of his or her skin? Is failing to promote someone based on his or her age is considered discrimination? What about refusing to hire someone based on his or her sexual orientation? Are all or any of actions against the law?
The truth is that it is unlawful to treat an employee differently because of his or her race or age. Employers who do so can end up facing a discrimination lawsuit. However, there are currently no federal laws in place to protect an LGBT employee from being discriminated against. In many states, it is completely legal to fire someone for being gay or transgender.
A recent poll indicates that more than 70 percent of Americans support laws that protect employment rights for gay and transgender workers, and many people believe they already exist. Sadly, this is not true on a federal level.
Recent legislation has been proposed, however, which would protect LGBT workers from being discriminated against. It would prohibit employers from treating workers unfairly because of their gender identity or sexual orientation. The proposed bill is referred to as the Employment Non-Discrimination Act (ENDA) and it specifies that employers would not be allowed to refuse to hire, unfairly pay or fire a worker because he or she is gay or transgender. We will be sure to follow the progress of this proposed bill.
People in California often require legal assistance in cases that involve claims of discrimination, harassment and other violations of an employee’s rights. Because the laws can be confusing and they are often changing, victims of unfair employment practices generally benefit from working with an attorney.
Source: msnbc.com, “The fight for ENDA: Think you can’t be fired for being gay? Think again,” Emma Margolin, April 25, 2013
