Harassment based on sexual orientation / sexual preference

The California Fair Employment and Housing Act (FEHA) prohibits harassment based on one’s sexual orientation. The law defines "sexual orientation" broadly, to encompass "heterosexuality, homosexuality and bisexuality." Harassment based on a "perceived" sexual orientation is prohibited by the FEHA. An employer can be liable for discriminating against someone he thinks is gay, even if it turns out the person is not. The plaintiff need not show the harassment was motivated by sexual desire of the harasser, but only that it was “because of” his or her sexual identity.

Not only is sexual harassment illegal. The law also prohibits:

• Racial harassment
• Religious harassment
• Age-based harassment
• Harassment based on disability
• Harassment based on ethnicity or national origin
• Retaliation

Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.

The most common harassment claims and issues are as follows:

• Hostile work environment
• Quid pro quo sexual harassment
• Sexual assault & battery
• Same Sex Harassment
• Harassment based on sexual orientation
• Anti-bullying laws
• Sexual favoritism
• Failure to investigate
• Harassment outside the workplace
• Pregnancy harassment
• Sexual discrimination
• Unfair firing
• Intentional infliction of emotional distress
• Gender Identity and gender expression harassment

Sexual Harassment Topics:

• Sexual harassment generally
• The laws against sexual harassment
• Types of harassment
• Defenses to sexual harassment claims
• Your lawsuit

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The Spivak Law Firm only accepts California, Washington D.C., and New York cases.

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