LGBT discrimination

Ex-Employee Files California Transgender Discrimination Lawsuit

June 30, 2023 | by Nassiri Law

A former employee for a prominent wine magazine has filed a California transgender discrimination lawsuit against the publication and its parent company, alleging harassment, failure to prevent discrimination, and retaliation.

According to the Napa Valley Register, the employee worked as an assistant tasting coordinator and writer for the magazine. She says at the time she was hired, she was upfront about the fact that she would be needing some reasonable accommodations to receive periodic gender-affirming medical care. This included surgeries and subsequent recovery times.

Upon undergoing a second surgery, a supervisor reportedly expressed concerns about the time off she was taking for medical care and recovery. This was also around the time that she reported to her employer that a colleague had violated the company’s policies for wine scoring and blind tasting. (A reviewer allegedly changed several wine scores after repeatedly opening wine bags to peek at the label.)

A supervisor reportedly made numerous comments to/about the plaintiff that were demeaning, obscene, offensive, and derogatory – pertaining to her transgender status.

After undergoing a third gender-affirming surgery, she had a difficult recovery, which included substantial psychiatric and psychological impacts. She was recommended for inpatient psychiatric treatment. During this time, she was placed on involuntary administrative leave, and fired about a week later. This also canceled her medical insurance coverage.

Her lawsuit alleges transgender discrimination, as well as retaliation for reporting the policy violation.

The magazine, communications company, and other defendants say the allegations are without merit. Continue Reading ›

Nonbinary Workers More Likely to Face California Employment Discrimination

March 11, 2023 | by Nassiri Law

It’s been nearly three years since the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that firing someone on the basis of their sexual orientation or transgender status is a breach of Title VII – specifically, its prohibition against discrimination on the basis of sex. And yet, data continues to show that people who are nonbinary (about 1.2 million adults in the U.S.) are facing clear discrimination – both on-the-job and while searching for work.

A market analysis by Business.com (a business resource platform) revealed that nearly 80 percent of nonbinary workers believe that to identify themselves according to their gender would hinder their job search. More than half say their gender identity has actively impacted their work life in a negative way.

To test this theory, researchers sent out 180 “phantom” resumes to various job postings – identical (with gender-ambiguous names like, “Taylor Williams”) except for the fact that some indicated they/them pronouns while others indicated typical cisgender pronouns. Perhaps unsurprisingly, those resumes that contained nonbinary pronouns received fewer interview requests. Resumes with they/them pronouns received 8 percent fewer responses from employers. Nearly 65 percent of these companies are designated “Equal Opportunity Employees,” so the fact that there’s a noticeable disparity even among them is troubling.

California has prohibited employment discrimination on the basis of sex since 1992 – and broadened that law in 2000 to protect transgender, nonbinary, and homosexual workers. And yet, a recent report from the California Civil Rights Department revealed that among private employers in the state with 100+ workers, more than half of those who identified as non-binary were in positions with below-average pay (less than $31,000 annually). By comparison, 32 percent of cisgender men fell beneath this pay grade, as did 43 percent of cisgender women. Continue Reading ›

Other States’ Anti-LGBTQ Laws Cast a Pall Over Pride Month

June 7, 2022 | by Nassiri Law

California has some of the nation’s strongest protections against LGBTQ discrimination in the workplace. Unfortunately, a slew of recent legislation and proposed measures across the country threaten to erode the already threadbare protections that exist in other states.

Among these:

The passage of a Florida law opponents refer to as, “Don’t Say Gay.” Formally known as the Parental Rights in Education law, bans public school teachers instructing K-3 from holding classroom instruction about sexual orientation or gender identity.
Alabama’s April passage of sweeping legislation to ban gender-affirming medications for transgender children. A separate bill in that state also prohibits early classroom instruction on sexual identity and gender identity.
In Ohio, Louisiana, and South Carolina, lawmakers are considering their own versions of the “Don’t Say Gay” law.
Texas Governor Greg Abbott has said he plans to introduce a “Don’t Say Gay” measure there as well.
Arizona lawmakers are considering a bill that would change the sex education curriculum that would bar instruction on gender identity.
In Iowa, state senators are considering a measure that would require parents to provide written permission allowing their child instruction on gender identity. (The default would be no such instruction.)
Bills in Missouri, Indiana, and Kentucky would ban all gender or sexual diversity training in schools.
A bill in Oklahoma would ban books on sex, sexual activity, or sexual lifestyles in school libraries.
Tennessee lawmakers are weighing a measure to ban any books or instructional materials in school that “promote, normalize, or address LGBT issues.”

Although these measures primarily focus on K-12 education atmosphere, there are of course LGBT employees at these institutions, and it speaks to a growing culture of accepted intolerance. Our LGBT discrimination lawyers see the possibility of increasing employment litigation as employees fight for fairness and equality on the job.

As it stands, nearly half of LGBT workers have experienced some form of unfair treatment at work at some point in their lives, according to a study by the Williams Institute at UCLA School of Law. Continue Reading ›

Study: 4 in 10 LGBT Workers Experience On-the-Job Discrimination, Harassment

October 21, 2021 | by Nassiri Law

Nearly 40 percent of LGBT employees experienced some type of unfair treatment at some point during their careers, according to a newly-released analysis funded by the Williams Institute at UCLA School of Law. Adverse treatment included being fired, rejected as an applicant, or harassed due to their gender identity or sexual orientation, the report showed.

It’s estimated that nearly 8 million workers in the U.S. identify as LGBT, though our Los Angeles LGBT employment discrimination lawyers opine that’s likely a low estimate. These workers are protected from employment discrimination in California under certain provisions of the Fair Housing and Employment Act (FEHA).

Nationally, LGBT workplace protections have been patchy. Last year, the U.S. Supreme Court ruled in Bostock v. Clayton County that employment non-discrimination protections should be extended to LGBT people across the country. Despite this, the survey revealed 9 percent of LGBT employees experienced some form of discrimination in the last year. About 11 percent of LGBT employees of color reported they were terminated – or never hired at all – in the last year because of their gender identity and/or sexual orientation.

The survey culled information from nearly 1,000 LGBT workers, looking at employment discrimination in the last year, last five years, and over the course of their lives. Continue Reading ›

Equality Act Offers Greater LGBTQ Protections

June 7, 2021 | by Nassiri Law

Almost 50 years after the first federal law protecting against LGBTQ discrimination, lawmakers are again faced with a vote that could provide additional protections for the community. Last year, the U.S. Supreme Court upheld several protections for LGBTQ people, but as our Los Angeles LGBTQ employment attorneys recognize, federal laws are needed to protect those in a growing number of states passing statutes that restrict LGBTQ rights. As it stands, the current, more conservative, Supreme Court has indicated its desire to bolster protections for religious freedom over LGBTQ worker rights.

Currently up for consideration is the Equality Act, a wide-sweeping legislation that would bar discrimination on the basis of sex, sexual orientation and gender identity. It has already passed the House of Representatives and if it clears the Senate, will make its way to the desk of President Joe Biden.

The measure is important because, unlike here in California, LGTBQ workers in many other states do not have federal protections against discrimination in employment, housing and public spaces (although an overwhelming percentage of Americans mistakenly believe they do).

But the question is whether the Equality Act has any chance of becoming law. Continue Reading ›

Most Americans Believe LGBTQ Workers Should Be Federally Protected

November 15, 2020 | by Nassiri Law

Issues pertaining to the legal workplace protections of LGBTQ workers are going to be entering the domain of the U.S. Supreme Court in the next several years. The good news is that most Americans believe LGBTQ workplace should be unlawful. However, at the time the annual GLAAD 2020 Acceptance Acceleration study was conducted earlier this year, most respondents didn’t realize it was still legal at the federal level.

The good news is a landmark ruling by the U.S. Supreme Court has turned the tide decisively in the favor of LGBTQ rights. However, with a new conservative-leaning bend to the SCOTUS, it’s unclear what we can expect in future LGBTQ discrimination challenges.

Californians live in one of 23 states that have their own non-discrimination protections (under the California Fair Housing and Employment Act). But residents and workers in 27 other states lacked such protections formally.

As longtime advocates and allies for LGBTQ rights in the workplace, our Los Angeles employment lawyers think perhaps part of the dissonance between the majority of Americans who agree these rights are important yet didn’t know they existed (yet) is the notion that the SCOTUS ruling on marriage equality was somehow the finish line. In reality, we’ve still got farther to go. Continue Reading ›

Transgender Man Files Pregnancy Discrimination Lawsuit

October 10, 2020 | by Nassiri Law

California law protects both transgender and pregnant workers, but rarely do employment law cases combine the two. Recently in New Jersey, a transgender man filed an employment lawsuit against Amazon alleging he was harassed and turned down for a promotion after revealing his pregnancy to his employer.

According to NBC News, the man informed his boss about the pregnancy in the summer of last year. His boss disclosed this information to other managers, and word spread throughout the facility. Soon, other warehouse workers were bullying and harassing him about using the men’s bathroom. Suddenly, his work performance came under fire. He was placed on paid leave after complaining to human resources. When he returned, he learned he’d been demoted to a position of “item picker,” which required him to lift heavy items on a routine basis. At that point, he told HR that the weight lifting requirements were causing him pain in his abdomen. Again, he was placed on paid leave and told to acquire a doctor’s recommendation for pregnancy-related accommodations. He did so, he said, but was denied.

He was then offered a promotion at a different facility – one that would have granted him a reprieve from the people harassing him – but that was later rescinded and he was fired. His termination came the same month he was to give birth. He now alleges gender discrimination and pregnancy discrimination, and is seeking recovery of lost wages and benefits as well as coverage of legal fees and punitive damages. Continue Reading ›

Civil Rights Law Protects LGBT Workers From Job Discrimination, SCOTUS Rules

June 15, 2020 | by Nassiri Law

In a landmark civil rights case, the U.S. Supreme Court ruled today that existing law protects gay, lesbian and transgender workers from workplace discrimination – a huge win for LGBT equality that The New York Times characterized as “stunning.”

As our Orange County employment lawyers can explain, the question in this case was whether the provision of Title VII of the Civil Rights Act of 1964 barring discrimination on the basis of sex extends to lesbian, gay and transgender workers. In a 6-3 vote, justices ruled that it does. Justice Neil Gorsuch wrote the 172-page majority opinion, which was joined by Chief Justice John Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. This has the potential to benefit millions of gay and transgender workers.

While previous LGBT rights cases in recent years have been concerned with constitutional law, this new ruling, which covers two sets of cases – Bostock v. Clayton County and Stephens v. R.G. and G.R. Harris Funeral Homes, Inc. – is concerned primarily with statutory interpretation. The first were two lawsuits filed by gay men who alleged they were terminated from their jobs because they are gay. The second was a lawsuit filed from a transgender woman who allege

Public School Teacher Wins LGBTQ Discrimination Lawsuit

February 10, 2020 | by Nassiri Law

Even though marriage equality has become the law of the land, there are still 30 states that lack explicit employment discrimination protections for LGBTQ workers. California, thankfully, isn’t one of them. The U.S. Supreme Court is slated to render a decision in two cases wherein plaintiffs argue that Title VII protections against gender discrimination should extend to LGBTQ workers. (Justice Neil Gorsuch remarked during oral arguments that the case was “really close.”)

That decision will have a huge impact for LGBTQ public school teachers and employees.

History of LGBTQ Discrimination in Schools

Schools have a long history of discrimination against gay and lesbian teachers – from public elementary schools to prestigious universities. In the 1950s and 1960s, Florida lawmakers created a committee designed to identify and fire educators who were gay and lesbian. Some 200 LGBTQ teachers lost their jobs. Continue Reading ›

Starbucks Gender Identity Discrimination Alleged at Multiple Locations

February 6, 2020 | by Nassiri Law

A recently-released Starbucks advertisement in the UK has been hailed for its progressive take on gender identity acceptance. A barista asks for the name of a customer for use on a coffee cup. He gives her the name with which he identifies – not his “deadname,” the one he was given at birth. The commercial has won an award for helping to address the transgender community’s lack of representation in advertising.

However, employees with the company say they have faced transgender discrimination at multiple locations across the country. Employees say they have been outed, misgendered, confronted by their deadnames in company software and had difficulty accessing gender-affirming medical treatment under the company’s medical insurance plans.

Some employees say they had to be transferred to new locations due to these issues and harassment – only to experience the same type of treatment at the new location. One former employee told BuzzFeed he complained about the situation to corporate, but didn’t hear any response until he took his complaint to Twitter. It was only then a spokesperson for the company apologized and promised to investigate. The worker said that while the company appears to be trying to make changes at the corporate level, addressing it at individual stores has proven challenging. Continue Reading ›