LGBTQ Discrimination Lawyers
Any form of discrimination made against employees because of their sexual orientation is illegal. If you or a loved one have been affected by this type of discrimination by an employer, speak to an LGBTQ discrimination lawyer today at Heidari Law Group for a free case consultation.
As the country battles the covid-19 pandemic, many communities, including the LGBTQ community, have been deprived of resources such as the covid-19 vaccine. The LGBTQ Community has been deprived of healthcare throughout the last decade. According to the Center for American Progress, 1 in 3 LGBTQ Americans face discrimination. 3 in 5 transgender Americans have admitted to being discriminated against.
LGBTQ discrimination not only has mental effects, such as emotional distress, but also an economic effect. 1 in 2 report negative mental effects discrimination has had on them. Further, 15% of LGBTQ Americans admitted to postponing any medical procedures or treatments because they were discriminated against.
Despite several laws that have been issued in favor of the LGBTQ community, the LGBTQ community still undergoes severe discrimination. There’s still a long way to go, and instances of discrimination are still very common. Our attorneys at Heidari Law have represented several LGBTQ members in their fight against discrimination as they continue with their daily lives. Other than employer-employee relationships, there could also be other instances of LGBTQ discrimination, such as refusal of medical treatment or landlord tenant relationships.
Currently, there is no specific federal law that outlaws private employers from discriminating against employees for their sexual orientation. There have been Supreme Court rulings, however, that have held that sexual orientation discrimination should be considered illegal. Each state has different protections for the LGBTQ community. Some states do not have any protections, fortunately, California considers the LGBTQ community as a protected class. California specifically outlines the rights that the LGBTQ community has along with outlawing any forms of discrimination. As a protected class, the LGBTQ community is protected from any type of discrimination.
Under both the California Fair Employment and Housing Act and Title VIII of the Federal Civil Rights Act, an employer cannot fire, demote, harass, or discriminate against an employee based on their sexual orientation or gender identity. This law applies to companies that have at least five employees. There are some exceptions for religious entities such as churches.
What Are Some Examples of LGBTQ Discrimination?
LGBTQ discrimination can take form in many different ways. Some members may not even know that they have a valid legal claim against the defendant for instances of discrimination. It is important that the LGBTQ community is aware of their rights, and take steps to ensure that they are not deprived of any freedoms. Examples include:
- When a landlord denies a tenant because the tenant is part of the LGBTQ community
- When an employer denies to hire an employee because the employee identified themself as an LGBTQ individual
- When an employer fails to pay the employee an average amount similar to the rest of the employees
- When someone intentionally harms a member of the LGBTQ community. This includes any intentional torts like assault, robbery, and battery.
- When an employer fails to promote an employee simply because they are a member of the LGBTQ community
- When an employer terminates the employment relationship with the employee after the employer finds out that the employee was a member of the LGBTQ community
- When anybody makes a derogatory statement regarding the individual because they’re part of the LGBTQ community, and causes emotional distress.
Do I have a legal claim if my employer harasses me at work?
Harassment is not tolerated under any California law. California laws explicitly outlaws any type of harassment, especially LGBTQ discrimination harassment. Harassment is considered a form of discrimination, and is intended to frighten or intimidate the employee. An employee has a claim for discrimination if they face any type of harassment at work.
Am I protected if I transition while working?
California laws permit an employee to take off for transgender transition medical surgeries. Further, employees do have a right to tell their employers regarding their transition. An employer cannot retaliate by firing the employee after hearing about the news of the transition. This is considered a form of discrimination.
What if my employer address me by the wrong gender pronoun?
When an employer addresses an employee with the wrong gender pronoun, California laws advise that the employee notify the employer immediately regarding how they want to be addressed. If the employer still continues to address the employee incorrectly on purpose, the employee will have a valid claim for discrimination against the employer.
Could I use the restroom that aligns best with my gender identity?
An employer cannot reject an employee from using a specific gender restroom. An employee has the right to use whatever restroom they closely align with.
Could a potential employer ask about my gender identity during a job interview?
California laws forbid employers from asking potential interview applicants about their gender identity and their gender status. This includes direct or indirect questions. A gender identity cannot be made a condition to the employment position.
If you are loved one believe you have been discriminated against because you are part of the LGBTQ community, it is important to immediately seek legal assistance to determine the merits of your claim. Our attorneys at Heidari Law will work to ensure the maximum compensation for your injuries. No one should be discriminated against; and victims of discrimination should be able to enforce their freedoms and rights. Our attorneys believe that defendants should be held responsible for any malicious conduct on their behalf, and this includes discriminatory conduct. A party should be held accountable for any of their actions that have placed another in distress or danger.
What should I do if I am being discriminated against for my gender identity?
In order to bring the claim against a party for LGBTQ discrimination, there are specific steps our attorneys advise our clients to take in order to ensure a smooth legal process.
- Document everything: document and take notes regarding what is happening, when it happened, and what parties are involved when the discrimination occurred. Also, document any information about any witnesses that were there when the discrimination occurred.
- Hire a discrimination attorney: it is important to hire an LGBTQ discrimination attorney to better represent your claim. The legal process can be a bit complex and complicated, and the last thing the plaintiff would need is to make a legal mistake while representing themselves on their own.
Contact us for a free consultation to determine what type of discrimination claim you may have against the other party. We will be able to assess your claim, and determine the most successful legal strategy to ensure maximum compensation. It is a very difficult situation to be in after being discriminated against. You may feel helpless. Our experienced employment attorneys are here to help you through every step of the legal process. We have offices in major cities located in California.
***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.