California Firefighter Responds to Sexual Orientation Discrimination with Legal Action

sexual orientation discriminationSexual orientation discrimination lawsuit. The demands on firefighters are difficult to imagine. They put their lives on the line in a myriad of situations on a regular basis, in the interest of serving the public. So, when they suffer discrimination and harassment back at the station or during training sessions, it is especially alarming. Legal support may be the best option in such instances.

Sexual Orientation Discrimination – Attacks

When Captain Dru Snider was harassed mercilessly at a fire camp in California, he says it impacted him so severely that he considered committing suicide. Instead, he decided to fight back, and filed a complaint with the department.

A report provided by Cal Fire determined that the environment was, indeed, disruptive, and that some workers were actually physically ill as a response to the leadership there. Reporting issues and requesting intervention resulted only in shunning the victim, who was reproached for  “flaunting” his homosexuality, and told “his kind” was not welcome at the camp. Ultimately, Snider filed a lawsuit against Cal Fire, alleging discrimination.

Sexual Orientation Discrimination and Sexism

In a separate case, firefighter LisaMarie Mason claims she has suffered through years of sexist remarks from her bosses and has been passed over for training opportunities that her male counterparts received simply because she is a woman. In addition to comments about women belonging in the home, and “jokes” calling her Homeplate, because everybody scores, Mason claims to have experienced physical assaults. Her grievances regarding department sexism resulted only in further harassment, so she ultimately decided a lawsuit was her only vehicle for justice.

Mason’s complaints are currently being investigated, and all parties are mum to the press. The complaint alleges a hostile environment in which sexism is rampant, along with discrimination, retaliation, and assault.

More Discrimination in San Francisco

Yet another claim of sexism involves a romantic relationship between Sam Romero, the Battalion Chief, and a female firefighter under his command. It seems the relationship was problematic for other firefighters, who claim Romero gave the woman preferential treatment and interfered with training and supervision by other senior employees. This, in turn, led to an abusive, hostile environment, putting the safety of employees at risk. As morale declined, the woman claims to have been the target of cruel attacks, such as individuals urinating in her bed.

Ultimately, eight firefighters were transferred to other stations, causing shame and an examination into their personal integrity. They responded by filing a legal suit alleging sexism, retribution, and a hostile work environment. [Read more…]

Can I Be Fired Because Of My Sexual Orientation?

Sexual Orientation Discrimination, Sexual OrientationThere is currently no federal law that prohibits private employers from discriminating on the basis of sexual orientation. Because of this, many people assume that it is no recourse for employees who experience this type of discrimination. This is not always the case, though. There are many jurisdictions – including the state of California – that have workplace anti-discrimination laws that extend to sexual orientation.

California’s anti-discrimination laws are among the broadest in the country. The California Fair Housing and Employment ACT (FEHA) prohibits employment discrimination based on sexual orientation, gender identity, and gender expression. (The statute also prohibits discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, age, or military and veteran status.)

An employee who believes that he or she has been the victim of one of the above forms of discrimination can file a complaint with the Department of Fair Employment and Housing up to one year after the alleged act of discrimination took place. The employee will only receive a Notice of Right to Sue after the claim has been pursued within the Department. Prior to receiving this notice, the employee does not have the right to file a private lawsuit.

What Employers Should Know About Sexual Orientation Discrimination

California’s anti-discrimination statutes go further than simply preventing employers from firing an employee based on his or her sexual orientation. It is also illegal to:

  • Refuse to hire a potential employee because of his or her sexual orientation
  • Refuse to promote an employee because of his or her sexual orientation
  • Create a hostile work environment for LGBT (lesbian, gay, bisexual, and/or transgender) employees
  • Deny employees benefits or privileges based on sexual orientation

When it comes to any type of anti-discrimination laws, there are some employers who believe that they can get away with discrimination by simply giving fake reasons for their actions. Let’s say, for example, there’s an employer who owns a large company in California. One day, he finds out that one of his employees is a lesbian. The employer isn’t happy about this, and he’d like to fire her, but he knows it’s illegal to fire an employee based on her sexual orientation. So instead, he waits for her to make a mistake. A few days later, the employee shows up to work ten minutes late, and the employer fires her – and tells her it’s because of her lateness.

The employer might think that he has nothing to worry about. After all, there’s no law against firing employees for being late to work. But the employer’s actions would still be a violation of California law, because the lateness was just a pretext for an illegal form of discrimination. If the employee files a complaint, and she is able demonstrate that her sexual orientation was most likely the real reason she was fired, she could recover damages.

Victims of Workplace Sexual Orientation Discrimination

If you suspect that your employer has discriminated against you on account of your sexual orientation, you may wish to seek the advice of a lawyer. If you want to know more about your rights and your options, you can contact an employment and labor law attorney at Beck Law P.C. today, and schedule a consultation.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and testimonials presented on www.californialaborandemploymentlaw.net or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California.