The California Supreme Court in Dynamex Operations v. Superior Court made it even more difficult for an employer to misclassify a worker as an independent contractor. Even before this opinion, when these matters came before the IRS, more than 80% of the time the IRS determined the worker was misclassified as an independent contractor and should have been paid as an employee. California lawsuits involving whether somebody is an employee or independent contractor rarely have decided somebody was an independent contractor.

In order for a person to be legally classified as an independent contractor their employer must prove:

  1. The worker is free from the control of the hiring entity in the performance of the work done;
  2. The worker does work that is outside the hirer’s normal business;
  3. The worker is customarily engaged in a business independent from the hirer’s, and the worker is doing work for the hirer similar to that done in the worker’s regular business

California is a leader in offering protection to workers based on sexual orientation. If you feel that you have experienced harassment or discrimination in the workplace because you are gay, lesbian, bisexual, transsexual or transvestite, you may be entitled to compensation.

Protecting Workers From Discrimination and Harassment

Sexual Abuse Job Lawyer

Discrimination based on sexual orientation can take many forms, from failure to promote to wrongful termination. Harassment is different from discrimination in that it involves offensive comments or touching. Both types of conduct are illegal in the workplace under the California Fair Employment and Housing Act (FEHA). Male on male conduct can be sexual harassment. So can female on female

Discrimination and harassment can work both ways. If your boss is gay or lesbian and harasses you because you are straight, you may have a claim against your employer. Likewise, employees who want to turn you straight may be liable for sexual harassment orientation.

You do not have to put up with harassment or discrimination in the workplace. Your employer has a duty to investigate sexual orientation harassment and discrimination claims and could be found liable if it fails to do so. It is also illegal for your employer to retaliate against you for reporting harassment or discrimination, or for supporting another's claim.

To speak to our sexual orientation lawyers, call 661-412-9600 toll free. We handle all employment law cases on a contingency fee basis with no upfront costs. Se habla español.