EEOC Files First Transgender Discrimination Suits

Making legal history, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of transgender employee discrimination. The lawsuits were filed under the Civil Rights Act of 1964, offering protections against sexual discrimination. This is the first time the EEOC has taken action since federal law was extended to protect transgendered workers from discrimination by private employers. According to the L.A. Times, the employees suffered illegal discrimination by their employers based on their gender identity.

rainbow-flag-1392509-mThe federal government has only recently extended protection to transgendered employees from private employers. Under California law, transgendered employees can also take action against employers for discrimination. Our Orange County sexual discrimination attorneys are dedicated to raising awareness to prevent future instances of discrimination and to providing strategic advocacy to our clients. If you or someone you love has suffered discrimination based on gender identity, a sex change operation, or because of a transition from male to female, or female to male, you may have a legal cause of action against your employer.

According to a complaint filed against a funeral home in Detroit, the company is liable for a violation of the Civil Rights Act after it fired an embalmer who transitioned from being male to female. The employee had worked for the funeral home since October of 2007 before she told her superiors that she would undergo a sex change procedure. A couple weeks after the employee notified her employer of the sex change operation, her position was terminated. According to the complaint, the employee was illegally terminated for disclosing and suggesting the procedure, which the company found unacceptable. Both parties tried to reach a settlement prior to the lawsuit being filed in a Michigan federal court.

A second EEOC complaint was filed against a Florida eye clinic that fired an employee after she notified her supervisor that she was transgendered. According to a representative from the EEOC, the agency intervened to protect a worker against discrimination “based on failure to conform to preferred or expected gender norms or roles.” Both lawsuits were filed by the EEOC after landmark decision that extended Civil Rights Act protections to transgendered employees working for private companies. The ruling came after the EEOC represented a woman who was denied work at an ATF lab in northern California.

Employment discrimination based on sexual orientation, sexual preference, or gender identity is illegal. If you believe you have suffered from discrimination by an employer, you may be entitled to compensation and other forms of relief. Discrimination may include failure to hire, failure to promote, and other forms of adverse actions, including termination. Victims of discrimination may also suffer from repeated harassment or hostile work environment. An experienced attorney can review the facts of your case, perform an immediate investigation to preserve evidence, and help you take the best course of legal action to protect your rights. Taking legal action can help to prevent future discrimination by holding employers accountable in California and nationwide.

Employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 949.375.4734.

More Blog Entries:

California Employment Law: New new Donor Protection Act, December 7, 2013 Orange County Employment Lawyer Blog

California’s Top Employment Law Mistakes, Oct. 26, 2013, Orange County Employment Lawyer Blog


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