Transgender discrimination refers to adverse actions taken against you due to your transgender identity. You may have experienced this form of discrimination if an employer failed to hire you because of your gender identity, fired you after learning that you plan to get gender-affirming surgery, or took another adverse action against you because of your gender identity.
At Domb & Rauchwerger, our California transgender discrimination lawyers are closely familiar with California state law and know that it prohibits employers from discriminating against you on the basis of your gender identity. If you’ve experienced such discrimination in the workplace, our team is prepared to file a claim on your behalf and recover the remedies you deserve.
Defining Transgender Discrimination in the Workplace
The Fair Employment and Housing Act (FEHA) protects you from workplace discrimination motivated by your gender identity and a number of other protected characteristics, including sex, sexual orientation, race, etc. To qualify as discrimination, the employer must have taken adverse action against you.
An adverse employment action is any action that changes the privileges or conditions of your employment in a negative way. If you’ve experienced one of the following adverse actions, you may be eligible to take action against the offending employer:
- Pay cut
- Poor performance review
- Relief of responsibilities
- Failure to promote
- Loss of benefits
- Disparaging you publically or hurting your chances of finding employment in the future
Not all negative workplace scenarios you find yourself in will qualify as adverse actions. Even those who do must be motivated by your gender identity to make you eligible to file a discrimination claim. That means that rude comments, disagreeable behavior, and other actions that seem “unfair” aren’t classified as discrimination unless they can be traced back to your protected category.
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Examples of Employment Discrimination Motivated by Transgender Identity
It can be difficult to fully understand what transgender discrimination is, even if you’ve researched it extensively. Fortunately, an experienced employment discrimination attorney can help you learn more about it and determine if you’ve been discriminated against.
Until then, you might find it helpful to review examples of gender identity discrimination. Doing so can help you determine if you might have grounds for a claim against an employer. The following are examples of transgender discrimination you may experience in the workplace:
- An employer moves you from a client-facing position to another position because they believe your gender identity might make clients feel uncomfortable.
- You are paid less money than co-workers who perform the same duties as you and are not transgender.
- An employer withdraws a job offer or promotion when they find out about your transgender identity.
- You are terminated or demoted once your employer learns that you intend to have a gender-affirming surgery or medical procedure.
If you’ve endured one of the scenarios listed above or another form of transgender employment discrimination, an attorney can help you file a complaint and seek remedies for the loss and distress you’ve suffered.
How a Transgender Discrimination Lawyer Can Help You Obtain Justice and Remedies
The legal process required to obtain compensation for employment discrimination is incredibly difficult. As a consequence, it would be highly inadvisable for you to file a claim without the help of a skilled lawyer. An attorney can ensure no mistakes are made so you have the best chance of winning your case.
Here’s what a seasoned lawyer can do to ensure the best possible outcome for your case:
- Investigate the discrimination you experienced
- Analyze evidence
- File a complaint with the California Civil Rights Department
- Represent you during a trial or arbitration
- Fight for the remedies you need to move past this unfair and distressing time
- Provide effective legal advice and representation
- Answer any questions you have about the legal process
Compensation You Could Receive With the Help of a Transgender Discrimination Lawyer
A positive jury verdict or arbitration decision can provide you with the peace of mind, justice, and remedies you need to recover from the immoral and unlawful discrimination you experienced. Depending on the financial, emotional, and career-related losses you’ve suffered, your attorney may work to recover the following remedies on your behalf:
- Cessation of all discriminatory adverse actions and institution of a plan to prevent similar offenses
- Lost wages (if you were fired or demoted)
- Job search expenses
- Emotional distress
- Punitive damages, if applicable
- Attorneys’ fees
- Court costs
These remedies can help you replace losses and cope with the emotional pain of gender identity-based discrimination. That said, you’ll need a committed lawyer to get access to these forms of compensation. An attorney will make sure you have the best chance possible at receiving all the damages you’re owed.
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Meet With a Committed Transgender Employment Discrimination Lawyer for Free
Zack Domb and Devin Rauchwerger are former partners from one of the nation’s largest employment defense law firms. They have years of experience defending employers against discrimination claims and can use their insider knowledge to maximize the value of your case and make sure you get the best result possible.
Contact Domb & Rauchwerger today to schedule a free consultation and learn more about your legal options. During your meeting, you’ll meet with a lawyer who can explain what transgender discrimination is and determine if you have grounds for a claim.