LGBT discrimination lawyer

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 ›

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

California Appeals Court Reinstates Gay Officer’s Harassment Lawsuit

January 28, 2020 | by Nassiri Law

For 20 years, a Bay Area officer for the California Highway Patrol said he was harassed and even endangered by his co-workers because of his homosexuality. The San Francisco Chronicle reported that as if enduring constant taunts and vandalism at numerous substations wasn’t enough, the openly gay officer reported that on a daily basis, he was denied backup from his colleagues while handling dangerous calls. He was the only officer consistently denied backup. When he won offer of the year, the picture of the previous year’s winner remained prominently in the lobby, until the following year when someone else won. No one else had been denied that honor. He began to suffer anxiety, stress, headaches and stomach issues. He became suicidal. He filed for workers’ compensation, and was eventually granted disability retirement, effectively ending his employment with the agency.

In 2016, he filed his second administrative complaint with the Department of Fair Housing and Employment, alleging sexual orientation discrimination, harassment, failure to prevent harassment, retaliation and intentional infliction of emotional distress. A request for summary judgment in favor of the defense was granted on the basis of a missed filing deadline.

Now, a California appellate court has reinstated his case, finding merit with plaintiff’s claim for exception under the doctrines of equitable tolling, continuing violation and constructive discharge.

Our Los Angeles LGBT discrimination attorneys are committed to helping those who have faced workplace harassment, hostility and discrimination due to their sexuality obtain justice. Continue Reading ›

Almost Half of LGBTQ Employees Still Hide Identity at Work

July 7, 2018 | by Nassiri Law

Imagine not being able to put a photo of your family on your desk. Think about what you would do if you couldn’t talk about simple weekend plans with co-workers. What would you do if you couldn’t even mention the name of your significant other? This is the reality for almost half of LGBTQ employees nationwide, according to a Human Rights Campaign report. A survey of workers of all sexual orientations found that of those who identified at LGBTQ, 46 percent still hide their orientation at work, a number that has remained about the same over the past 10 years. A Human Rights Campaign Report from 2008 tallied 50 percent of LGBTQ respondents as being closeted in the workplace.

Further data collected from those who identified as LGBTQ paints a pretty clear picture as to why many still hide their private lives. About 20 percent said they were told to dress in a way that was more aligned with their perceived gender. Over 50 percent said they had heard jokes about homosexuality at work at least once in while. These stats likely have contributed to the next data point: 31 percent report feeling depressed or unhappy in the workplace. Continue Reading ›

Federal Court Rules Civil Rights Act Protects Gay Workers

April 9, 2017 | by Nassiri Law

In recent months, there has been a lot of worrying among the LGBTQ community about whether they would lose significant rights in the workplace as present Donald J. Trump works to undue the protections given to LGBTQ workers under the previous administration. Even though Mr. Trump had vowed to leave those protections in place while he was on the campaign trail, he appears to be rolling them back via executive order.

However, according to a recent news article from the New York Times, gay rights advocates have just scored a major victory as the federal appeals court in Chicago ruled that the Civil Rights Act of 1964 does extend its protections to the gay community. This means that they cannot be harassed based upon sexual orientation, and if they are, it will be considered a violation of federal law. Continue Reading ›

Gay Teacher Sues Over Firing From Catholic High School

January 30, 2017 | by Nassiri Law

A teacher who is gay has filed an employment lawsuit against his former employer, a Roman Catholic high school, which he alleges terminated his employment because he announced his wedding to another man.

The LGBT employment discrimination lawsuit alleges the Charlotte Catholic High School in North Carolina ran afoul of federal employment law in firing him from his substitute teaching position three years ago, following his revelation of his wedding to another man in a Facebook post. The statute doesn’t reference any state law, but it does come amid a bigger fight over a law in that state that limits protections for lesbian, gay, bisexual and transgender people.

According to the Associated Press, plaintiff taught full-time English and drama at the school for more than 10 years and even earned the “Teacher of the Year” title back in 2012. Afterward, he transitioned into a less demanding role as a regular substitute teacher, and usually worked more than 12 weeks in a year. Then, in the fall of 2014, he posted details of his upcoming wedding to another man. Several weeks later, seemingly without warning, he was informed by the school’s assistant principal that he was no longer welcome back to continue teaching. Continue Reading ›

Federal Appeals Court Considers Workplace Protections for LGBT Community

December 18, 2016 | by Nassiri Law

The U.S. Court of Appeals for the 7th Circuit recently heard arguments in the LGBT discrimination case of Hively v. Ivy Tech Community College, a case that could have profound implications for the future of gay rights as it may well end up before the U.S. Supreme Court.

It’s actually the second time the 7th Circuit has weighed Hively. It previously issued a judgment in favor of the defense, but agreed to reconsider its findings after closer consideration.

The key question is whether the worker, Hively, is protected by Title 7 of the Civil Rights Act of 1964 and can take action against a company that refused her advancement at work the basis of her sexual orientation as a lesbian. As it now stands, federal workplace laws do not protect people who are gay, lesbian, bisexual or transgender, though some state-level laws do. California prohibits discrimination on the basis of sexual orientation and gender in the realms of employment, housing and public accommodations. Continue Reading ›

Transgender Issues in the Workplace in Los Angeles

June 23, 2016 | by Nassiri Law

These days we have been hearing a lot about which bathroom a transgender individual is allowed to use. While this has not been a major issue for decades, especially in places like Los Angeles, a recent attempt in North Carolina to ban transgendered individuals from using the bathroom of their choosing through what has become known as a “bathroom bill” is what brought this issue back into spotlight.

Specifically, the state governor passed what is officially called the Public Facilities Privacy & Security Act. The act claims to be for the purpose of creating statewide consistency in bathrooms by making them all single-sex occupancy. Essentially, it claims it will be safer and more consistent if a person uses the restroom that is for the gender to which they were assigned at birth as opposed to the gender to which they currently identify if they are transgender. It is obviously why many people see this as an anti-transgender bill, and many think it violates the civil liberties protected by the constitution. Continue Reading ›