LGBT discrimination

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 ›

California Workplace Discrimination & Harassment 101 – What You Need to Know

December 11, 2019 | by Nassiri Law

As an employee in California, you have rights under both state and federal law that protect you from harassment and discrimination based on your belonging to a protected classification. For example, if you are a woman paid substantially less than male colleagues doing the same work, that’s a form of gender discrimination on the basis of sex – a protected class.

In fielding hundreds of inquiries over the years from California workers whose rights are being violated on-the-job, our Los Angeles employment attorneys want to ensure as many people as possible understand what exactly harassment, discrimination and retaliation is and how to best address it.

What is Workplace Discrimination?

Discrimination is adverse treatment by an employer against workers who fall into a protected class. California employers are prohibited from discriminating against employees on the basis of:

Race
Color
National origin
Religion
Gender (including pregnancy, childbirth and related medical conditions)
Disability
Age
Citizenship status
Genetic information
Marital status
Sexual orientation
Gender identity/expression
AIDS/HIV
Military/veteran status
Status as a victim of domestic violence, stalking or assault

This is much more extensive than the federal law, and some cities in California have their own rules that extend protections even further. Continue Reading ›

U.S. Supreme Court Likely Divided on LGBT Employment Protections

November 20, 2019 | by Nassiri Law

The U.S. Supreme Court appeared sharply divided over the question of whether landmark civil rights law prohibiting gender discrimination on-the-job also extends to gay, lesbian and transgender workers.

Reuters reports the deciding vote could be Justice Neil Gorsuch, a conservative who has, on occasion, proven a swing vote.

Los Angeles LGBT employment discrimination attorneys and advocates have been following the case developments closely. The high court has never before ruled on transgender rights – employment or otherwise. In order for the case to be decided in favor of the employee plaintiffs at least one conservative justice would need to join the liberal minority.

Over two hours of oral testimony, three workers (one transgender and two gay) sought to convince justices they were entitled to the same protected status as other workers discriminated against on the basis of their biological gender – a protection expressly extended under the Title VII of the Civil Rights Act of 1964. (That law also prohibits discrimination on the basis of color, race, religion and national origin.) Continue Reading ›

LGBTQ Employee Rights Take Center Stage Before U.S. Supreme Court

July 8, 2019 | by Nassiri Law

This fall, the U.S. Supreme Court is slated to hear oral arguments in three cases alleging LGBTQ workplace discrimination. In an amicus brief (documents filed in appellate matters by non-litigants – or amicus curiae – with a strong interest in the stakes), some of the biggest U.S. companies urged the court to rule that federal civil rights law protects lesbian, gay, bisexual, transgender and queer/questioning workers.

In their brief, more than 200 companies in all argued that their own corporate anti-discrimination policies cannot serve as an adequate substitute to the law. It is the position of these companies – among them Amazon, Bank of America, Microsoft, Starbucks and Walt Disney – that LGBTQ workers have inherent protections under existing federal rights law.

Most argue this in the context of gender discrimination, but the problem is is no express terminology from the legislature opining these rights exist in U.S. law. That has resulted in courts in different jurisdictions reaching inconsistent conclusions. Continue Reading ›

The Fight for LGBT Worker Rights: California and Beyond

May 23, 2019 | by Nassiri Law

Protection from workplace discrimination has expanded ten-fold in the last 70 year, reflective of our cultural progress within that time. Women, people of color, those of all faiths, ages and nationalities – are shielded under state and federal statutes from adverse employment action on these bases.

Yet even as this year marks the 50th anniversary of the Stonewall Riots, gay, lesbian, bisexual and transgender individuals still are entitled to the fewest employment protections under the law. California, at least, is known as one of if not the most LGBT-friendly states for workers whose sexuality or gender identity does not adhere to “traditional” norms.

The California Fair Housing and Employment Act expressly protects workers and applicants on the basis of sexual orientation, gender identity and gender expression. Federal law, unfortunately, does not, and many states don’t have the supplemental protections that California enjoys.

That doesn’t mean of course that workers still don’t face these challenges, but with an experienced LGBT employment discrimination attorney to help fight back, your odds of success are much more favorable. Continue Reading ›

Teacher Who is Lesbian Wins California LGBTQ Lawsuit

April 23, 2019 | by Nassiri Law

California is known for its progressive stances on a myriad of issues, including civil rights of LGBTQ individuals. That doesn’t mean they don’t face down discrimination at work or everyday life. What it does mean, though, is that workers LGBTQ workers can successfully fight back on such injustices, a goal to which our LGBTQ employment discrimination attorneys in Los Angeles are committed.

Recently in Hesperia, a teacher was awarded a significant financial settlement after she was allegedly retaliated against with termination for helping LGBTQ students blow the whistle on their mistreatment by school administrators. The former high school English teacher was awarded an $850,000 settlement – and a promise to improve school policies.

The case was filed in 2015, when the ACLU of Southern California contacted the district with allegations of a hostile learning environment for gay and lesbian students. The district has since agreed to review and alter its policies, mandating administrators and staff undergo training on discrimination and clarifying its anti-discrimination procedures and policies. Continue Reading ›

Transgender Discrimination Illegal in California, Championed by White House

April 8, 2019 | by Nassiri Law

Discrimination of transgender professionals is nothing new, though Californians may not realize the employment protections trans workers are afforded in this state don’t apply to all.

That’s because even as the California Fair Housing and Employment Act prohibits discrimination on the basis of one’s sexuality, gender and gender identity, the federal government does not. But military personnel who are transgender went from being told at the tail end of the Obama administration that they could serve openly and have access to psychological and gender-affirming medical care, the Trump administration has effectively ushered in a new “don’t ask, don’t tell” phase for service members who are transgender.

As noted in a report by the non-partisan Palm Center, while this is not a “ban,” neither was “don’t ask, don’t tell” under former President Bill Clinton. Nonetheless, both policies did/will have the impact of systematically removing transgender individuals from the military or, just like DADT, ensure their gender identity is kept silent and invisible.

The U.S. Equal Employment Opportunity Commission still continues to insist (as it was prior to Trump’s election) that LGBT discrimination in employment was a form of gender discrimination under Title VII. That stance has been resisted by the Department of Justice under Trump, though several courts have sided with the EEOC on this. Nonetheless, the transgender military policy formally went into effect this month. Continue Reading ›

Facebook Vows to Block Discriminatory Employment Advertisements

March 15, 2019 | by Nassiri Law

It is illegal – in California and across the U.S., per the EEOC – to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America.

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue Reading ›

What is a “Protected Class” in Los Angeles Employment Discrimination Lawsuit?

February 20, 2019 | by Nassiri Law

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

Genetic information
Marital status
Gender identity/gender expression
Sexual orientation
Military or veteran status

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue Reading ›

Push for Federal LGBTQ Discrimination Law Renewed with New Congress Taking Over

December 23, 2018 | by Nassiri Law

Next month, newly-elected Democrats will be seated in the U.S. House of Representatives, and current Minority Leader Nancy Pelosi, likely next Speaker of the House, has vowed to make a priority of establishing widespread equal rights for LGBTQ individuals – including anti-discrimination laws in the workplace. As our Los Angeles LGBTQ discrimination attorneys can explain, polling evidence shows that since the U.S. Supreme Court in 2015 ruled same sex couples are constitutionally allowed to marry, public support for LGBTQ rights has surged and religious resistance has waned. And while California and 19 other states already have anti-discrimination laws that protect LGBTQ workers, there has never been a federal equality law for these individuals.

The Obama administration did extend some protections, issuing guidelines that protected transgender students and taking the firm position that Title VII’s law regarding gender-based employment protections apply to LGBTQ people. The Trump administration summarily began tearing that all down, banning transgender people from the military, broadening religious exemptions for federal contractors who discriminate against LGBTQ people, proposing a repeal of Section 1557 that protected transgender people from health care discrimination, arguing Title VII law does NOT extend protection to transgender workers and issuing numerous executive orders effectively rolling back LGBTQ rights.

Our LGBTQ discrimination attorneys in Los Angeles and others have been fighting back in the courts, but a federal Equality Act would offer clear, decisive protections nationwide.

Historical Fight for LGBTQ Equality

By-and-large, the hammer of the courts has fallen squarely on the side of LGBTQ worker rights and protections. A new law would help cement very explicit protections for people based on sexual orientation and gender identity in areas like employment, education, housing, credit, public accommodations, jury service and a number of federal programs. Continue Reading ›