LGBTQ Discrimination
Lawyers

LGBTQ Discrimination Lawyers

Discrimination against employees who are LGBTQ+ in the workplace is a serious issue in the United States. Not only does it bring down employee morale, but it also affects employees’ mental health. There are several different types of policies and laws, on the federal level, and implemented in California and Nevada to protect individuals from such discrimination.

Our employment discrimination attorneys take great pride in representing and protecting the rights of lesbian, gay, bisexual, transgender, queer, and questioning individuals at the workplace. We understand that it can be very difficult being a part of a community, but it could be especially more difficult when you have to face an employer or other employees who discriminate against you simply because you are a part of the LGBTQ community.

If you or your loved one believe that you have been discriminated against, give our attorneys a call. You may have an opportunity to file a lawsuit against your employer for the discrimination that you have faced.

Our skilled and dedicated LGBTQ discrimination attorneys recognize that there are different types of discrimination that the community faces in the workplace. The different types of discrimination include:

• Discrimination based on sexual orientation
• Discrimination based on transgender status
• Discrimination based on the HIV and AIDS medical status
• Discrimination based on gender expression and identity

Not only may an employee face discrimination, but the LGBTQ community also commonly faces harassment and retaliation at the workplace. One of the most common is the denial of Family and Medical Leave, which every employee has a right to. Our attorneys are dedicated to fighting for LGBTQ employees who have experienced unfair treatment at work.

LGBTQ Community Statistics

• According to the Center for American Progress, 1 in 3 LGBTQ Americans faces discrimination.
• 3 in 5 transgender Americans have admitted to being discriminated against.
• 15% of LGBTQ Americans admitted to postponing any medical procedures or treatments because they were discriminated against.
• 5% of adults in Nevada consider themselves part of the LGBTQ community.

LGBTQ Workplace Discrimination Examples

There are several other types of workplace discrimination that members of the LGBTQ community face. This list is not exhaustive.

• Termination
• Discrimination by paying the employee a lesser amount 
• Discrimination in benefits
• Withdrawing a job offer after being made aware that the employee was part of the LGBTQ community
• Excluding the employee from business lunches
• Terminating or reducing the employee’s hours for making a gender transition
• Promoting less qualified employees who are not gay or lesbian

LGBTQ Workplace Harassment Examples

• Offensive comments
• Unwanted and inappropriate touching
• Inappropriate jokes
• Name-calling
• Mockery
• Sexual orientation stereotyping
• Gender identity stereotyping

Federal and State Anti-discrimination Laws

Below are some examples of major state and federal laws that protect LGBTQ employees from discrimination and harassment in the workplace:

• California Fair Employment and Housing Act
• Title VII of the Civil Rights Act of 1964
• Title IX of the Civil Rights Act of 1964
• California Department of Managed Health Care Regulations

Do I Have a Legal Claim if My Employer Harasses Me at Work?

Harassment is not tolerated under any California law. California laws explicitly outlaw 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. 

If you have been harassed at work for being part of the LGBTQ community, make sure that you document everything. For example, if your employee sends you discriminatory emails, make sure that you save them. 

Am I Protected if I Transition While Working?

California laws permit an employee to take off time from work for transgender transition medical surgeries. Further, employees do have a right to tell their employers about their transition. An employer cannot retaliate by firing the employee after hearing about the news of the transition. 

What if My Employer Addresses 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 Best Aligns 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. Gender identity cannot be made a condition of the employment position. California is an at-will employment state, meaning that an employee cannot let go of an employee without a valid reason. 

Do I Have to File a Complaint with the Human Resources Department Before I File a Lawsuit?

We advise our clients to contact their human resources department to report any LGBTQ discrimination they have experienced at work prior to filing a lawsuit. If LGBTQ discrimination persists, we advise filing a lawsuit against the other party. Filing an internal HR complaint allows the plaintiff to have documented records of putting the employer on notice.

What Type of Compensation Could I Recover with an LGBTQ Discrimination Lawsuit?

Below are some examples of damages you could receive if you have become a victim of LGBTQ discrimination at work:

• Lost wages 
• Lost benefits
• Reinstated at work (very rare)
• Lost Pension benefits
• Loss of bonus payments
• Emotional distress from the discrimination
• Future lost wages

What Do Our LGBTQ Discrimination Attorneys Do?

1. Make sure our clients understand their legal rights under local, state, and federal anti-discrimination laws. Many clients that we have assisted did not even know that they face discrimination at work, or that they could file a lawsuit about it. 
2. Investigate your claims to make sure that we have a strong case in your favor.
3. Prepare all the necessary documents that should be filed with the court. There are several different types of complaints that should be filed within a specific period of time.
4. Negotiate with employers to reach a settlement agreement that will compensate you for your damages.
5. In the event that your case does go to trial, our attorneys will represent you in trial.