619-342-8000San Diego
LGBTQ Discrimination
Lawyers
Employee discrimination is a serious issue in the State of California. State and federal laws govern
employers and employees. If you suffered discrimination while working or seeking work in the
State of California, you have options for holding an employer accountable for their actions. You
should understand important details regarding employment law in California.
The San Diego employment discrimination attorneys of Haeggquist & Eck, LLP offers legal
representation for employees who suffer employment discrimination in San Diego and
surrounding counties. Call our office today for a free case evaluation during which we can discuss
the facts of your case. Retaining an attorney is an important step to take when you want to hold
your employer liable for discrimination.
No one wants to feel discriminated against at work.
Table of Contents
San Diego
LGBTQ Discrimination Lawyers
If you are in San Diego and facing workplace
discrimination due to sexual orientation, you need
help from professionals. The team at Haeggquist &
Eck is here to help you fight for justice in the
workplace. While there is progress every day for
LGBTQ rights, the workplace still lags.
Fortunately, California offers extended protection
to all LGBTQ employees that face sexual orientation
discrimination through the Department of Fair
Employment and Housing. It is crucial to have a
San Diego LGBTQ discrimination attorney on
your side to prove your case.
Let’s review some critical aspects of LGBTQ
workplace discrimination.
If you believe your rights have been violated or you were discriminated against at work as a member of the LGBTQ community, contact Haeggquist & Eck, LLP. Our LGBTQ discrimination attorneys in San Diego can offer a free case evaluation.
What is LGBTQ Discrimination
in The Workplace?
Sexual orientation is a person’s sexual identity regarding attraction to a specific gender. Gender expression and identity refer to how someone identifies and presents themselves regarding gender, including gender nonconformity. LGBTQ discrimination occurs when your employer treats you less favorably or takes another form of hostile employment action against you because you identify as either gay, lesbian, transgender, bisexual, pansexual, asexual, or even heterosexual.
California is one of the leading progressive states in the country that has long made an effort to prohibit LGBTQ discrimination in the workplace. In 2019, the U.S. Supreme Court held that Title VII – the federal anti-discrimination law – includes LGBTQ discrimination protections under the umbrella of sex discrimination.
It should be clear to employers that LGBTQ discrimination is unlawful on both the state and federal levels. If you are in the workplace and experience sexual orientation discrimination by your employer, seek immediate professional assistance from an employment lawyer.
Sexual orientation is a person’s sexual identity
regarding attraction to a specific gender. Gender
expression and identity refer to how someone
identifies and presents themselves regarding
gender, including gender nonconformity. LGBTQ
discrimination occurs when your employer treats
you less favorably or takes another form of hostile employment action against you because you
identify as either gay, lesbian, transgender, bisexual,
pansexual, asexual, or even heterosexual.
California is one of the leading progressive states in
the country that has long made an effort to prohibit
LGBTQ discrimination in the workplace. In 2019, the
U.S. Supreme Court held that Title VII – the federal
anti-discrimination law – includes LGBTQ
discrimination protections under the umbrella of
sex discrimination.
It should be clear to employers that LGBTQ
discrimination is unlawful on both the state and
federal levels. If you are in the workplace and
experience sexual orientation discrimination by your
employer, seek immediate professional assistance
from an employment lawyer.
What Kind of Comments Are a Part of
Sexual Discrimination?
A single comment or even isolated incidents of negative remarks can all be a form of LGBTQ discrimination. On a more severe level, once the statements become so pervasive to a reasonable person, that employee has a viable claim against their employer or co-worker.
Some examples of previous LGBTQ discrimination cases are:
- Macy v. Dept. of Justice – A transgender woman working as a police detective in Phoenix relocates to San Francisco to seek employment. The detective, a man in the process of becoming a woman, is later the subject of discrimination after she discloses her intentions of changing her sex. After that interaction with her supervisor, the position is no longer available to her.
- EEOC v. Pallet Companies – A lesbian employee at the Pallet Companies’ Baltimore facility was repeatedly harassed by her supervisor because of her sexual orientation. The supervisor made sexually suggestive gestures to her, and made numerous comments about her appearance, such as “I want to turn you back into a woman,” and “you would look good in a dress.” After the employee complained to management and called the employee hotline to report the harassment, the company retaliated against her by firing her two days later. The company paid $202,200 to settle the case, one of the EEOC’s first lawsuits alleging sex discrimination based on sexual orientation.
- Chavez v. Credit Nation Auto Sales, L.L.C.,. Plaintiff claims that she was terminated from her job as an auto mechanic because she is transgender. The employer asserted that the plaintiff was fired for sleeping on the job and noted that other employees had been fired for the same offense. However, less than two months before the plaintiff's termination, her supervisor had said that her transgender status made him "nervous" and would negatively impact the business and coworkers. Moreover, the plaintiff had received an excellent performance appraisal prior to disclosing her gender transition, and the employer deviated from its progressive disciplinary policy in imposing termination in the plaintiff's case.
- Lewis v. High Point Regional Health Sys., 79 F. Supp. 3d 588 (E.D.N.C. 2015). Plaintiff, a certified nursing assistant, alleged she was denied hire for several positions because of her transgender status. At the time of her interviews, she was anatomically male and was undergoing hormone replacement therapy in preparation for sex reassignment surgery in the future. The district court denied the employer's motion to dismiss the case because the employer had argued only that sexual orientation was not covered under Title VII and sexual orientation and gender identity are two distinct concepts. The court, therefore, allowed the plaintiff's transgender discrimination claim to proceed under Title VII.
Should I Mention My Sexual Orientation
in The Workplace?
Under no circumstances must you disclose your
sexual orientation in the workplace. It is a private
matter. If your employer discriminates against you
due to your status, you may want to tell them to get
them to stop. Otherwise, your employer may say that
they are not responsible for your loss during litigation
since they did not know your sexual orientation.
Regardless, if the harassment or discrimination
continues after you tell your employer or co-workers
your orientation, you may have an extreme case. It is
helpful to talk to a lawyer the moment you notice any
suspicious behavior by your employer. Talk to one of
San Diego’s top LGBTQ discrimination attorneys to
settle your claim.
Can an Employer Use Religion as a Justification to Discriminate
Based on Sexual Orientation?
There is no line rule to determine whether an
employer can use their religious beliefs as a
justification to discriminate based on sexual
orientation. It is doubtful that a manager’s religious
belief is a solid enough reason to harass or
discriminate against someone with a particular
sexual orientation. However, it does happen from
time to time, and it is best to be ready to handle it
appropriately.
For example, a church might have the right to hire
only people who hold similar religious beliefs. The
law, though, is always progressing regarding LGBTQ
discrimination because more and more people are
becoming aware of their co-workers, friends,
neighbors, and family members’ sexual orientations.
A judge or jury will not consider religious beliefs a
legitimate reason to discriminate against another
based on their sexual orientation.
Does an Employee Have a Case for LGBTQ Discrimination if
Their Employer Denies Them
Access to the Restroom?
The answer to this is still a work in progress. There is
evidence that we are moving in the right direction.
Certain states like Colorado, Vermont, and Iowa
mandate that all employers allow their employees to
use the restroom however they identify. The
Occupational Safety and Health Administration
offers more insight into the answer to this question.
OSHA states that employers do not place restrictions
on bathroom use.
The following recommendations are in effect for all
businesses:
-
Allowing the use of restrooms by employees
for the gender they identify - Offer unisex bathrooms for all employees
-
Don’t require employees to disclose what
gender they identify
Call a San Diego
Employment Law Attorney Today
Contact Haeggquist & Eck, LLP immediately if you experience unlawful activity in the workplace. Call our office at (619) 342-8000, or complete our contact form for your free case evaluation with our San Diego employment law attorneys today.
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