Gender Discrimination Overview | Mann & Elias
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Transgender Discrimination In The Workplace

Thinking of Filing a Charge of Sex Discrimination?

Federal and state laws make it illegal for employers to make employment decisions based on your gender identity. Since 2004, California has rallied to prohibit discrimination, with additional protections for transgender employees. Offensive comments, rumors, physical assault, and harassment are a few examples of wrongdoing that most victims hire a sex discrimination attorney to address. This article will further explain the rights of transgender workers in Los Angeles.

California Transgender Anti-Discrimination Laws 

California is among several states that protect employees from discrimination by the way they identify or express their genders. Whereas other states like Minnesota focus more on preventing bias against someone’s sexual orientation. Regardless, gender is considered a protected characteristic in both circumstances.

The Equal Employment Opportunity Commission (EEOC) forbids employers from engaging in any form of retaliation based on identity or expression of gender. Doing so also violates Title VII of the Civil Rights Act of 1964, an added safety measure for workers. We list a few of California’s transgender anti-discrimination laws below for your reference:

  • California Fair Employment and Housing Act (FEHA): Employers cannot refuse to hire or terminate a person’s employment because of their gender identity. Nor can they discriminate, withhold wages or privileges.
  • The Unruh Civil Rights Act: All employees must have access to full and equal accommodations, access to facilities, privileges, services, and advantages.
  • The California Insurance Gender Non-Discrimination Act: Insurance or health care plans cannot refuse to make any contractual or renewal decisions based on the recipient’s gender identity. It is also unlawful for them to modify the terms of the contract in a way that imposes unfair limitations.

Disparate Treatment and Harassment

Studies show three in four transgender employees have experienced unwarranted bias at work. Disparate treatment is one of them. It is the intentional act of treating an employee differently. A workplace lawyer would tell you to start documenting evidence if a hiring manager refuses to employ transgender candidates for personal or biased reasons -additionally if the company culture does not reprimand sex stereotyping or inappropriate behavior.

Harassment is defined as aggressive or intimidating behavior. It might be presented to you through offensive comments, sexual coercion, or instances of sabotage of your work. It can feel so severe that you consider resigning. We recommend reaching out to an attorney first. At Mann & Elias, our skilled legal team will work with you to hold the company accountable for the inability to act or the employer directly for misconduct.

What To Do If You’re Being Discriminated Against at Work Because You’re Transgender

The best thing to do is try to resolve it internally first. If you’ve tried addressing it with your employer and feel nothing has been done, you can file a complaint to Human Resources. Make sure you have a firm understanding of company policy and your rights as an employee under the EEOC.

A lawyer can help you file a discrimination claim against the company when the issue hasn’t been resolved. It ensures your concerns are addressed on a federal level, with the chance to bring a lawsuit down the road if the charge does not resolve. For more information on the process, you can reach out to our law firm to schedule a free consultation.

About Mann & Elias 

The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems. While there are thousands of lawyers to choose from, we strongly believe our success is based on:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

When your case is in our hands, we hope to minimize stress and concerns associated with work. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.

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