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San Diego LGBT Discrimination Attorney

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LGBT Discrimination In San Diego

Many members of the LGBT community go through their entire lives facing prejudice or discrimination of some type. If this happens within the workplace, you have a legal right to fight back.

Wherever you work, you are entitled to go about your job within a safe environment, regardless of your sexual orientation, gender, or Trans status. This is mandated within the Civil Rights Act of 1964, and later reinforced in 2012 by the Title VII clarification ruling of the Equal Employment Opportunity Commission, which states that gender identity-based discrimination in the workplace is a form of sex discrimination.

Here in California, state-level protection is offered to all employees (whether federal or private sector) when it comes to the right to work without fear of discrimination or harassment, and if you find yourself in this position, Walker Law can help. We are experts in LGBT law, so if you feel that you have been discriminated against because of your gender identity or sexual identity, contact us now to find out more.

How We Approach LGBT Discrimination Claims In San Diego

LGBT discrimination can be either overt or subtle, and can of course make your working environment extremely hostile and uncomfortable, as well as having a potentially significant impact on the rest of your life as well as your career.

Whether you have faced workplace harassment, have been denied a position or wrongfully dismissed due to your sexual orientation or gender identity, you don’t just have to tolerate it and move on. You have the ability to seek recourse for discriminatory treatment, harassment, and other manifestations of hostile or disadvantageous working environments that result from your LGBT status.

At Walker Law we approach all LGBT discrimination cases in San Diego with care, diligence, and dedication. We respect your privacy and will work hard to ensure your case gets handled properly.

San Diego LGBT Discrimination Claims We Handle

Walker Law offers a totally free, no obligation initial consultation in order to evaluate your potential case. We can assist with all types of LGBT discrimination and harassment cases, including the following:
  • If you have been fired from your job due to your LGBT status.
  • If you were denied a position or promotion based on your orientation.
  • If you have been sexually harassed or threatened in the workplace.
  • If you are forced to work within a hostile environment due to your LGBT status.
  • If you are denied any of your statutory workers’ rights because of your gender orientation or sexual preferences.
  • For any other reason related to your gender or sexual identity.
These are just a few examples of many potential scenarios; if any of them reflect your position or if you feel you have been discriminated against in another way, contact Walker Law today for a free, no obligation initial consultation and supportive advice.

Frequently Asked Questions About Gender Identity Discrimination In San Diego

No matter where you work or which gender you identify with, you are entitled to work in a safe environment. For members of the LGBT community, this doesn’t always happen. For some men and women, gender identity discrimination is a daily issue.

What gender identity terms does an employer need to know?

There are many phrases used to describe someone who is born one sex but choose to identify or live as the opposing sex. Many of these terms are used interchangeably and so it is useful for an employer and their staff to have a better understanding of the terms.

Gender identity refers to a person’s self-identification as a man or woman and is opposite to the gender they were assigned at birth. Some transgender people seek medical help to be able to identify physical with their gender identity whilst other transgender people live with the body they have but express a different gender outwardly.

Gender expression refers to how society sees someone, a judgement that is based on clothing, haircut, voice and name and use these cues to recognize someone as male or female.

Transgender is a blanket term used to describe someone who does not conform to the stereotypes of gender identity. There have been many terms used in the past too, some in a derogatory sense but some are still in use such as cross-dresser, transvestite, non-operative transsexual. Masculine females and so on.

Transitioning refers to when a transgender person is choosing to modify his or her characteristics and gender expression to the gender that they identify with, opposite to the one they were born with.

What is gender identity discrimination in San Diego?

This is when an individual is treated differently in the workplace, usually negatively, because of their gender identity or gender expression.
It can include discrimination such as;

  • Being fired by your employer because you choose to undergo gender reassignment surgery
  • Being fires for cross-dressing outside of the workplace if your employer finds out
  • You have been disciplined, reassigned, or your employment terminated because you fail to conform to your company’s dress code policy that makes no attempt to accommodate transgender people.
  • Being harassed because of your gender identity
  • Being refused access to restrooms
  • Being denied equal treatment, e.g. being asked to leave a restaurant, hotel, medical facilities etc.

What federal law covers gender identity discrimination?

There is no federal law that currently covers the universal or explicit rights of LGBT workers. Fewer than half of US states have laws in place to protect works on the grounds of gender identity or sexual orientation.

What is the difference between gender identity discrimination and sex discrimination? Am I protected by sex discrimination laws?

Sexual orientation as a legal concept is understood to refer to only whether a person is homosexual, heterosexual or bisexual.

Not all transgender people are gay, with many transgender people identifying as being straight or heterosexual. Thus, when transgender people face discrimination, it is not because of their sexual orientation.

22 states make it illegal to discriminate in employment on the basis of sexual orientation. Of these, 19 states specifically include transgender and transsexual people.

It is a complex legal situation in other states which is why consulting a local attorney to your state is a wise move.

Am I protected by disability discrimination laws since gender identity disorder is a medical condition?

Transgender people are not protected under federal laws the prohibit discrimination on the basis of a handicap or disability.

Although being transsexual has been recognized as a medical condition for many years, the two federal laws – the Rehabilitation Act and the Americans with Disabilities Act – both exclude transsexualism and gender identity disorders.

What’s the difference between gender identity discrimination and sex discrimination? Are transgender people protected under sex discrimination laws?

Sex discrimination is when an applicant or employee is treated unfavourably because of their sex. The law forbids discrimination on the basis of someone’s gender regarding any aspect of employment including hiring and firing, pay, job roles and assignments, promotions, training benefits and other conditions of employment.

Gender discrimination is more specific to people who don’t conform to stereotypes of gender identity and expression. For someone who identifies as male, but their co-workers refer to her as she or ‘miss’. Or telling your employer you are transitioning and suddenly, your job is no longer available.

What can I do if I am being harassed based on my gender identity?

Harassment is a form of discrimination that can easily turn into a hate crime.

It can include inappropriate comments, jokes and threats. In 2009, a federal law was passed protecting transgender people from hate crime.

Some states and courts have expressed a willingness to interpret state and local sex discrimination laws to include transgender people. For more information on how this could affect your case, call Walker Law today.

Am I required to disclose my gender identity to my employer?

You may choose to keep your gender identity a private matter and there I no law that compels you to reveal this to anyone, including your employer.

If I transition, what do I need to tell my San Diego employer?

Those who have undergone transition strongly urge others to share their intentions with their employer in a face to face, private meeting. Your employer should be part of the transitioning process as with understanding, can be supportive in introducing the idea to colleagues.

There may be workplace issues that need resolving, such as a new ID badge, name tag on the door, desk etc. as well as changing internal mailing lists and external contact details, paperwork from human resources department and so on.

Supportive employers also make it part of your return to introduce you to people so that your gender reassignment is supported and well-managed in the workplace.

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