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Is it appropriate to talk about orientations or display them…

Customer Question
Is it appropriate to...

Is it appropriate to talk about sexual orientations or display them in a workplace environment focused on mentally disabled clients that are not aware

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/26/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,325
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Generally, it is not inappropriate to talk about sexual orientation or displayed photographs, materials, or literature regarding sexual orientation. The reason is because the First Amendment of the Constitution allows people to discuss whatever they want and be free of persecution in general. There are some instances where the speaking about sexual orientation may be inappropriate. For example if it is in the workplace and the discussion of sexual orientation is one that is discriminatory in nature or creates a hostile work environment because it is harassing in nature. At that point it would not be protected. Also, if the discussion of sexual orientation is hateful in nature, then it is not going to be protected either. Could you help me understand a little bit more about the nature of this discussion regarding sexual orientation?

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Customer reply replied 7 months ago
Thanks the work environment is friendly among employers. I'm wondering if personal information about staff is inappropriate for the clients we work for, since we have restrictions and guidelines on discussing with clients many personal information about staff.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great! Thank you very much for clarifying. It may not itself be illegal if the staff is sharing personal information with with one another about themselves. There may be some issues if one person is sharing information that they learned confidentially from a client or from another co-worker. The reason I say that is because this could be an invasion of privacy tort of public disclosure of private facts. For example, if you are not private fact about somebody that they would reasonably find offensive and you share it with somebody, then you could be held liable for the resulting damage. Also, this discussion May create a hostile work environment for some people and it would be bad for the employer because they would probably be blindsided by a lawsuit after the fact. otherwise even if it's unprofessional and might be acceptable. Did you have another question for me?

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