LGBT discrimination

Gay Rights Advocates Look to Ending Job Discrimination

July 3, 2015 | by Nassiri Law

With the Supreme Court recently declaring that marriage is a constitutionally protected right, and that same-sex couples have a right to marry in every state in the Union, it would be easy for people think that gay rights organizations have won and there is nothing left to fight for of equal urgency and importance. While this was a huge victory for supporters of gay marriage, it is not the only area in which same-sex couples and members of the gay community were subject to discrimination.

Employment is one area where there is still a great deal of discrimination against gay employees and gay job applicants, and, according to a recent article in the San Francisco Chronicle, many LGBT activists have already begun gearing up for the next big challenge of fighting discrimination in the workplace. Continue Reading ›

Harvey Milk Remembered on Birthday for Fight to End Job Discrimination in California

June 1, 2015 | by Nassiri Law

Many younger residents of California only know about the life of Harvey Milk from the movie in which Milk was portrayed by Sean Penn. While that movie did a good job telling the story of Milk’s life and work, many in California benefited from his efforts long before they even knew anything about him.

According to a recent feature from Huffington Post, many in California, especially in the LGBT community, are celebrating Milk’s life on the week of what would have been his 85^th birthday. Milk had run without success three times before becoming elected to San Francisco’s Board of Supervisors. The main platform of each of his campaigns was to create laws to protect workers form employment discrimination due to their sexual orientation.

When Milk chose to run for represent the eastern half of the city on the state assembly he was defeated by Art Agnos. Agnos pledged he would the legislation Milk had fought for over and over again until it was signed into law. In 1976, his anti-discrimination employment law was passed by the legislature and signed into law by the governor. Continue Reading ›

Transgender Workers Sues CA Employer for Discrimination

May 24, 2015 | by Nassiri Law

Thanks to the hard work and dedication of brave GLBT individuals and advocacy organizations, gay and lesbian individuals are finally being granted a greater degree of respect. While some places, including many areas in California, are more accepting of this community than others, there is still a long way to go in the fight for equal rights for all people.

Unfortunately, people who identify as transgender individuals often have a bigger fight ahead of them in terms of equal treatment and respect from the mainstream community. Perhaps things will change with more people willing to speak out and the media paying attention to their struggle. Perhaps the notoriety given to Olympic athlete and television personality Bruce Jenner will further the cause. Continue Reading ›

Flood v. Bank of Am. Corp. – Bisexuality Discrimination Lawsuit Revived

March 13, 2015 | by Nassiri Law

Although sexual identity is not explicitly protected on the federal level for public employees, California law does provide protection, as do some local-level policies.

LGBT employees have the right to enjoy a harassment-free, discrimination-free work environment.

In the recent case of Flood v. Bank of Am. Corp., before the U.S. Court of Appeals for the First Circuit, an employee asserted she received disparate treatment because of her bisexuality. She stopped reporting to work for this reason, and was subsequently fired. She sued under a state human rights law (this occurred in Maine), and the bank was granted summary judgment by the district court. However, the federal appeals court reversed on the portions of her claim pertaining to hostile work environment and wrongful termination, finding a reasonable jury could find the bank’s reason for firing the worker was pretextual and was actually due to her bisexuality. That means the plaintiff now gets a crack at a trial.

Saks Claims Right to Discriminate Against Transgendered Employees

January 23, 2015 | by Nassiri Law

Transgendered employees are a protected class under California state laws and federal law. The Justice Department and the Equal Employment Opportunity Commission hold it is illegal for employers to discriminate against transgendered employees. In a recent turn of legal events, Saks & Co. administrators in a federal motion asserted the company has the right to discriminate against employees for being transgendered.

According to the filing, Saks asked for the dismissal of a former employee’s discrimination lawsuit because transsexuals are not protected under Title VII.

Title VII of the Civil Rights Act bans employment discrimination based on race, religion and gender. According to reports, a transgendered woman alleges she was instructed to separate her work and home life and to begin behaving in a more masculine manner at work. The lawsuit alleges that she was ultimately terminated in retaliation for speaking up about a hostile work environment. Saks attorneys filed a motion in the Southern District of Texas, denying all legal claims. The defense team also alleges that though the discrimination is tied to gender, the discrimination is related to his status as a transsexual. In essence, the defense attorneys are arguing adverse employment action based on plaintiff’s status as a transsexual is grounds for a discrimination action.

EEOC Files First Transgender Discrimination Suits

October 6, 2014 | by Nassiri Law

Making legal history, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of transgender employee discrimination. The lawsuits were filed under the Civil Rights Act of 1964, offering protections against sexual discrimination. This is the first time the EEOC has taken action since federal law was extended to protect transgendered workers from discrimination by private employers. According to the L.A. Times, the employees suffered illegal discrimination by their employers based on their gender identity.

The federal government has only recently extended protection to transgendered employees from private employers. Under California law, transgendered employees can also take action against employers for discrimination. Our Orange County sexual discrimination attorneys are dedicated to raising awareness to prevent future instances of discrimination and to providing strategic advocacy to our clients. If you or someone you love has suffered discrimination based on gender identity, a sex change operation, or because of a transition from male to female, or female to male, you may have a legal cause of action against your employer.

According to a complaint filed against a funeral home in Detroit, the company is liable for a violation of the Civil Rights Act after it fired an embalmer who transitioned from being male to female. The employee had worked for the funeral home since October of 2007 before she told her superiors that she would undergo a sex change procedure. A couple weeks after the employee notified her employer of the sex change operation, her position was terminated. According to the complaint, the employee was illegally terminated for disclosing and suggesting the procedure, which the company found unacceptable. Both parties tried to reach a settlement prior to the lawsuit being filed in a Michigan federal court.

Clerk Files Discrimination Case Against L.A. Law Firm

August 13, 2014 | by Nassiri Law

Discrimination claims can arise in any industry or career field—even in businesses where leaders should know and follow the law. In a recent case, a law clerk who worked for a Los Angeles personal injury law firm filed a discrimination claim alleging racial and sexual orientation discrimination. The law firm subsequently urged the court to review and dismiss the clerk’s employment lawsuit on summary judgment. The judge denied the law firm-defendant’s motion to dismiss. The challenging case underscores the reality of discrimination in the workplace and the need for informed and strategic advocacy when up against formidable defendants.

The California Fair Employment and Housing Act prevents discrimination based on race and sexual orientation. Our Orange County race discrimination attorneys are dedicated to protecting the rights of our clients and in raising awareness to prevent discrimination in the workplace. We understand the complicated and sensitive nature of these cases and will handle every detail with compassion and discretion. When you have suffered from discrimination, it is important to have an experienced advocate review your case before making any important legal or employment decisions. In addition to protecting your reputation and future career opportunities, you may be entitled to additional compensation.

According to the defense, the discrimination claim fails because the defendant cannot prove his adverse employment action was a result of discrimination. The law firm’s defense is that the employee was terminated simply because he lied about his reasons for missing work. Representatives for the firm went on to say that they have the right to hate an employee, and the right to terminate that employee, even if the reason is that they hate him. The complaint was filed in July of 2013 and targets one partner specifically who allegedly used offensive racial slurs for African Americans, Hispanics, gays, lesbians, women, and disabled people. Currently, the law firm has offices in San Diego and Beverly Hills and represents plaintiffs in cases involving personal injury and wrongful death, labor law, and workers’ compensation.

ACLU and Gay Rights Groups Withdraw Support For ENDA

July 26, 2014 | by Nassiri Law

The Employment Non-Discrimination Act, also known as ENDA, passed the Senate last fall but is no longer receiving support from the ACLU and other gay rights groups. Support was withdrawn after gay rights advocates cited concern over an employer exemption for employees who object to homosexuality on religious grounds. The withdrawal also reflects the serious impact of the Hobby Lobby case, which gives private employers the right to deny insurance coverage with contraception on religious grounds.

The religious exemption was added last year in an effort to attract Republican support to help pass the bill. Critics of the exemption say that it is too broad and that it gives employers the right to discriminate against in gays in the workplace. Fortunately, California employees are protected by state law, but the contentious exemption and withdrawn support from ENDA demonstrates the struggle faced by gays seeking equal protection in the workplace. Our employment attorneys in Orange County are dedicated to providing strategic and aggressive support to individuals who have suffered from discrimination. We are also informed and abreast of local, state, and federal legal changes that impact the lives of employees.

According to reports, the ACLU and other gay rights groups have spoken out, arguing that the religious exemption could give some organizations, including hospitals and universities, the ability to engage in workplace discrimination against the LGBT community. Other groups, including The Human Rights Campaign has maintained its support for ENDA, recognizing that there are currently millions of workers in the LGBT community who currently have no federal protections.

Exectutive Order Governing Federal Contractors Prohibits LGBT Discrimination

July 12, 2014 | by Nassiri Law

The LGBT community has significant protections in the state of California compared to workers in many other jurisdictions. While California law offers protection against discrimination to the LGBT employees, additional protections may become available since President Barack Obama announced a decision to pass a federal executive order. Under the new measure, government contractors would be required to prohibit workplace discrimination based on sexual orientation and gender identity.

Discrimination of federal employees is prohibited and a handful of states also extend legal protections to both public and private sector employees. Even in California where state laws extend anti-discrimination protections to the LGBT community, the executive order would offer an additional layer of protection. Our Orange County employment law attorneys are committed to helping members of the LGBT community protect their rights. In addition to taking on discrimination cases on behalf of employees, we are also abreast of state and federal legal developments that may impact LGBT worker rights.

Advocates see the executive order as an additional protection against employers who are not following state laws. There are over 14 million Americans who live and work in states where there are no LGBT protections. Another 11 million live and work in a state where there are no protections against discrimination based on sexual orientation. Research indicates that 21 percent of LGBT employees have felt that they were discriminated against or treated unfairly because of their gender identity or sexual orientation.

ENDA or Executive Order? Federal Action to End LGBT Discrimination

May 26, 2014 | by Nassiri Law

Workplace discrimination continues to impact the LGBT community in California and nationwide. Despite intolerance, hostile work environments, and other discriminatory practices, sexual preference is not a protected class. According to the Huffington Post, Vice President Joe Biden believes that President Obama should use his executive authority to ban workplace discrimination against LGBT members. Though this is one solution, the better option would be passing the Employment Non-Discrimination Act, a bill before Congress that could have more effective and widespread benefits.

Many members of the LGBT have expected and waited for the White House to act to protect their rights in the workplace. During the 2008 campaign, the President promised to take executive action regarding LGBT discrimination, though no action has been taken. The President’s failure to act has been a disappointment to the LGBT community, though many hold out hope that passage of the ENDA or executive action is still possible. Our Orange County LGBT rights attorneys are dedicated to protecting the rights of the LGBT community. We are also aware of discriminatory practices in the workplace and are committed to raising awareness to protect workers throughout California.

Though the White House may be pushing action back to Congress, passing ENDA would have more long-term benefits to the LGBT community. Under the law, it would be illegal to fire or harass anyone at work for being LGBT. If the executive order passed, the legal protections would only extend to federal contractors. According to critics of the argument, an executive action should be made regardless of whether Congress passes ENDA. Other groups, including minorities, have multiple legal protections, including federal employment laws passed by Congressional action as well as those passed by executive order.