How Does California Law Protect Tenants from Discrimination on the Basis of Gender Identity or Orientation?
By Aser G. Tolentino, Esq.
Society has come a long way since June 28, 1969, and the fight for equal rights continues. Unfortunately, it may still be some time before people can expect to be treated equally without relying on laws like those mentioned in this article to change the world around them. For now, we at Tenant Law Group continue to do our part to contribute to greater equality and fairness for all. If you believe you or someone you know has been the victim of discrimination based on gender identity, sexual orientation, or any other protected class, please do not hesitate to reach out to our team. Every one of us deserves better.
California has enacted multiple laws to protect its citizens from unequal treatment. Some laws began with a focus on protecting certain groups from discrimination, while others required certain people to treat others equally. An example of the former would be the Unruh Civil Rights Act, while the latter would be what is now known as the Fair Employment and Housing Act, which prohibits Employment and Housing Discrimination. Other protections added to the Civil Code along with the Unruh Act include specific laws against sexual harassment, gender violence, and sexual orientation violence.
Just because a law says people should not do something might not be enough to stop the behavior the law makes illegal. Sometimes, it might be hard to define a monetary value for how unfair treatment costs someone harm. In other cases, the amount a person discriminated against can prove they suffered could be too low to make hiring an attorney worth the cost. While attorneys can be hired on a contingency fee basis, taking a portion of what their client receives as their fee, if the amount the tenant can expect to receive is too low, it would not make sense for an attorney to represent them.
In response to this challenge, the lawmakers who wrote these protections included additional damages, sometimes including minimum damages, as part of their language. Statutory language also allows attorneys representing people who have been discriminated against and win at trial to ask the court to order the other side to pay their fees. For example, the Unruh Act allows the injured party to claim up to three times their actual damages or a minimum of $4,000.00 and the possibility of attorney fees. In contrast, the prohibitions against housing discrimination, sexual orientation violence, and gender violence allow for punitive damages and an award of attorney fees. FEHA’s prohibition against employment discrimination provides attorney fees and any relief a court decides is needed to fix the illegal practice, such as ordering employers to train on appropriate workplace behavior.
As you can see from the links above, there are a number of laws that create a right to sue when someone treats you differently because of sexual orientation, gender identity, or other kinds of protected class. These laws have different time limits for when you suffer the harm and can no longer sue, and they may require you to file a complaint with the state before suing. These differences have even confused lawyers who have been in practice for years. That is the most important reason to choose the right attorney who can help you find the right tools to hold wrongdoers accountable and make things right. Society has come a long way since June 28, 1969, and it has been quite a while before people can expect to be treated equally without using such laws to change the world around them. For now, attorneys like those at Tenant Law Group will do our part to help move things along daily until we arrive. If you believe you or someone you know has been the victim of discrimination based on gender identity, sexual orientation, or any other protected class, please do not hesitate to reach out to our team because every one of us deserves better.
