San Francisco Employment Law Blog

More police departments than ever -- including those in California -- are facing a reckoning with their past when it comes to discrimination against their lesbian, gay, bisexual and transgender (LGBT) brothers and sisters in blue.

In the past, many gay officers were unable to take action against their departments because they didn't have the legal protection to do so. Some just tried to quietly get along, some hid their sexuality and others would simply leave their positions behind and move on after devastating encounters with homophobic co-workers and those in authority.

A former employee of the California Senate won a discrimination suit against her former employer for failing to accommodate her needs and retaliating against her for requesting accommodations. The Senate was ordered to pay the former employee $350,000 -- a figure that's at least twice as high as any previous settlement.

The former employee claimed that she was raped by an Assembly employee in late 2016. She reported the rape to the police, but the alleged rapist was never charged. The Assembly hired its own lawyers to investigate and failed to substantiate her allegations.

There's been a remarkable change in the way that America is approaching the idea of gender equality and rights -- especially where sexual harassment is concerned. The Equal Employment Opportunity Commission (EEOC) reports that it has filed 50 percent more lawsuits regarding sexual harassment in 2018 than in the previous year, and charges filed with the commission have increased by 12 percent.

In addition to vocalizing their experiences and taking legal action, victims of sexual harassment are also getting results. The EEOC also reports that it has found reasonable cause for complaints 1,200 times -- which is up from 970 the previous year. Altogether, the agency has collected $70 million for victimized employees -- a significant increase from the $47.5 it recovered in 2017.

Nobody enjoys being fired, but the whole experience is somehow vastly worse when you know you don't deserve it and believe it's nothing more than retaliation for exercising your rights as an employee.

The important thing to do in this situation is to focus on your goals and your future -- you want to leave yourself in the best possible position in case you decide to pursue legal action based on a wrongful termination.