Legal Question in Employment Law in California
I was unemployed for 17 month and then 10 months ago was offered a full time job. When the offer was made I was told I'd receive a certain amount hourly for the 3 month probabtionary period, and after that I would move to a salaried position with a little more money. That should have happened in Aug of 2010 but didn't. I was told it was a budget issue. Since I was hired in May 2010, we have hired 3 new employees, one of whom I trained. That one was offered a salary right away making more money. Recently one of the bosses was showing a visitor around the office and when he came to my office he stated to the visitor, "This is our Gay DANCER screener". What being a dancer has to do with my job eludes me. I do not flaunt or advertise my private life with anyone in the office. There's been other small incidents that fall under just a lack of respect, but putting 2 & 2 together looking at it from the outside it doens't look right. Still on hourly and am the only hourly employee here. There was never an indication that this was a temporary position, I was told it was a full time permenant position. I have asked my supervisor about the money issue and it's the budget of course. I also understand that we are currently preparing to hire 2 additional staff. I was told I could work all the over time I wanted. At the end of February I was told that they need to cap the amount of hours I work due to the budget. Still, they are hiring 2 new staff. I'm educated and am not a kid out of school and have life experience. Having never been on the receivning end of discrimination in the work place, I'm not sure what to think about all this.
2 Answers from Attorneys
Given the statement by one of your bosses that "This is our Gay DANCER screener," there appears to be discriminatory animus based on your actual or perceived sexual orientation. Employers are not allowed to discriminate against anyone based on actual or perceived sexual orientation. In other words, it makes absolutely no difference whether or not you are actually gay.
You should speak with an employment lawyer to get a better assessment of your situation. My office would be happy to speak with you about this. The best way to get in touch with us is through our website, where you can complete an online questionnaire with specific and focused questions. This is the most efficient way for us to be able to evaluate your potential case. The website is www.sarnofflaw.com. You can also contact us by telephone at (213) 536-4236, or by email at [email protected].
If and when you are illegally discriminated against or harassed because of sexual orientation, you can consider taking legal action. Every case is determined on, and depends on, all the admissible and credible evidence through witnesses and documents.
If your only evidence of discrimination is a single comment about your homosexuality, then you have a problem with proof of motive and proof of 'a 'pattern' of improper conduct'. What other specific evidence do you have? Have there been any other homosexual references, comments, jokes, gossip, etc? Your speculation about what they might be thinking does not count as evidence. Do you have any witnesses or documents that would be specific evidence of their thinking, motive, attitude, knowledge of your homosexuality, etc?
If you "do not flaunt or advertise ... private life", then how would they even know of your homosexuality?
If you think you can meet that burden of proof, feel free to contact me.
Remember, you have at most one year to file legal action on any 'incident' of discrimination.
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