Transgender discrimination has been the hottest employment law discrimination area in recent months. In fact, since 2012, employment discrimination against employees as a result of them being transgender has qualified as sex discrimination under Title VII of the Civil Rights Act of 1964. Further, sex discrimination now also includes gender stereotyping. As our readers have noticed, recent months have also brought controversy regarding North Carolina state law that fails to provide transgender employees with access to a bathroom that corresponds to their gender identity (restricting transgender individuals’ access to public restrooms). This state law voids a Charlotte city ordinance that extended anti-discrimination protections to lesbian, gay, bisexual and transgender individuals. Instead, these LGBT individuals now cannot use the public bathrooms of their choice. Our Los Angeles, Orange County, and San Diego based employment attorneys have been closely monitoring this topic.
This news relates employment discrimination in that, under California’s Fair Employment and Housing Act (“FEHA”), Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”), gender-based stereotypes, perceptions or comfort level must not interfere with the ability of any employee to work free from discrimination, including harassment. Therefore, denial of equal access to bathrooms by employees at work qualifies as sex discrimination.
This week, a technology company by the name of Elucian Co., L.P. settled a transgender case for $140,000 when it was found that it unlawfully removed a transgender employee from the workplace after finding out that the worker was transgender. This occurred after one of Elucian’s clients, a college, requested that the employee not return to campus after the employee announced to the co-workers that the employee was transitioning from male to female. In addition to paying the settlement, Elucian also must modify its code of conduct to protect gender identity in its anti-discrimination handbook as well as provide pin-pointed gender identity discrimination training. Primarily, employees must know how to react to unlawful requests by clients/customers, and how to enforce the protections of state and federal law against hostile work environment against transgender individuals. See these other blogs on gender discrimination and sex discrimination.
If you believe that you, or another employee, suffered an employment law matter related to disability discrimination or retaliation in the workplace, prompt action to preserve your rights is vital since the statute of limitation is a short one year. Contact the experienced employment law attorneys at Stephen Danz & Associates for a free no obligation consultation to discuss your circumstances and legal options.