Terminating an employee for any reason pertaining to an employee’s gender or sexual orientation is illegal and a violation of an employee’s rights. This type of wrongful termination can don many different forms and faces, and at the Righthand Law Office, we are adept at recognizing when this type of discrimination has occurred in the workplace.

As previously discussed (see “Wrongful Termination”), employees in California are generally “at will” employees, meaning that an employer can fire an employee whenever he or she chooses, for almost any reason. One of the exceptions to this is firing someone based on their gender and/or sexual orientation. In other words, an employer can terminate anyone they want to, but not strictly because of what gender they are or what sexuality they identify with.

This type of discrimination can affect those of all genders and sexual orientations: women, men, homosexual, heterosexual, and everything in between. In the case of sexual orientation discrimination, the victim’s true sexuality is not as important as what it was perceived to be by the employer who terminated them. For example, if an employer fired a man because the employer perceived him to be gay, that would be sexual orientation discrimination regardless of whether or not the employee actually was homosexual. In this type of case, an employer’s core motivation in firing someone must be gender or sex-related. Thus, winning a complaint filed against an employer on these grounds would have to prove this type of motive.

Being wrongfully terminated because of one’s gender or sexuality can be the source of great emotional stress and of course unwarranted financial losses. It is important that you seek legal counsel with a lawyer who has experience litigating cases of sexual discrimination. The Righthand Law Office has the background and sensitivity to provide you with the help you need to seek compensation.