LGBTQ Rights Attorney

LGBTQ Employment Rights

A significant number of lesbian, gay, bisexual and transgender employees continue to experience discrimination and harassment in the workplace. Employees have a right to go to work without fear of being bullied or losing their jobs because of who they are or who they love. In California, under the Fair Employment and Housing Act (“FEHA”), it is unlawful for employers to discriminate against workers or treat them unequally because of their sexual orientation, gender identity, gender expression or sex.

Specifically, employers are prohibited from discriminating against employees on the basis of the employee’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth. Employers are also prohibited from discriminating against employees on the basis of the employee’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.

You are protected if you elect to transition on the job.

It is unlawful to discriminate against an individual who is transitioning, has transitioned, or is perceived to be transitioning. You have a right to tell your employer that you are transitioning; and your employer cannot discriminate against you or mistreat you because you transition.

You are protected if you elect to come out at work.

If you are not already out, coming out is your decision. Your employer cannot discriminate against you or mistreat you because you come out.

young woman and trans woman in the office

Discrimination based on terms, conditions and privileges of employment is prohibited.

An employer must not base the amount of compensation paid to an employee, in whole or in part, on the employee’s sex. It is also unlawful for an employer to condition the availability of fringe benefits upon an employee’s sex, including gender identity and gender expression. It is also unlawful for an employer or other covered entity to have a pension or retirement plan that establishes different optional or compulsory retirement ages based on the sex of the employee. Doing so may violate state law and expose the employer to a discrimination lawsuit, including a gender discrimination claim.

An employer must provide equal opportunities to all applicants and employees, regardless of sex, gender, gender expression or gender identity, for upward mobility, promotion, and entrance into all jobs for which they are qualified.

It is unlawful to deny employment to an individual based wholly or in part on the individual’s sex, gender, gender identity, or gender expression. An employer is also prohibited from inquiring about or requiring documentation or proof of an individual’s sex, gender, gender identity, or gender expression as a condition of employment. In fact, an employer cannot legally ask a job applicant about their sexual orientation, gender identity or gender expression at an interview.

It is also unlawful for an employer to designate a job exclusively for one sex or to maintain separate lines of progression or separate seniority lists based on sex unless it is justified by a permissible defense. For example, a line of progression or seniority system is unlawful that:

Prohibits an individual from applying for a job labeled “male” or “female,” or for a job in a “male” or “female” line of progression; or
Prohibits an employee scheduled for layoff from displacing a less senior employee on a “male” or “female” seniority list.

An employer must not engage in gender discrimination and must provide equal opportunities to all employees for upward mobility, promotion, and entrance into all jobs for which they are qualified.

Note, an employer, however, is not prohibited from implementing mobility programs to accelerate the promotion of underrepresented groups.

Employers must accommodate employees if working conditions pose a greater danger to the health, safety, or reproductive functions of an applicant or employee of one sex than another.

If working conditions pose a greater danger to the health, safety, or reproductive functions of applicants or employees of one sex than to individuals of another sex working under the same conditions, the employer or other covered entity shall make reasonable accommodation to:

Alter the working conditions so as to eliminate the greater danger, unless it can be demonstrated that the modification would impose an undue hardship on the employer. Alteration of working conditions includes, but is not limited to, acquisition or modification of equipment or devices and extension of training or education; or
Upon the request of an employee of the more endangered sex, transfer the employee to a less hazardous or strenuous position for the duration of the greater danger, unless it can be demonstrated that the transfer would impose an undue hardship on the employer.

An employer may require an applicant or employee to provide a physician’s certification that the individual is endangered by the working conditions. Once such a certification is provided, an employer has an obligation to accommodate the employee unless doing so would pose an undue hardship.

The Bona Fide Occupational Qualification Defense.

Once employment discrimination on the basis of sex has been established, an employer may prove one or more appropriate affirmative defenses, including, but not limited to, the defense of Bona Fide Occupational Qualification (BFOQ). The BFOQ refers to a quality or attribute, such as sex, gender, gender identity or gender expression, that employers are legally allowed to take into account when making hiring and employment decision. To establish the defense, an employer must prove:

The job requirement is reasonably necessary for the operation of the employer’s business;
The employer had a reasonable basis for believing that substantially all members of the specific sex, gender, gender expression nor gender identity are unlikely to safely and efficiently perform the jo;
That it is impossible or highly impractical to consider whether each applicant or employee is able to safety and efficiently perform the job; and
That it is impossible or highly impractical for the employer to rearrange job responsibilities to avoid using an individuals sex, gender, gender identity or gender expression as a job requirement.

Note, situations that will not justify the application of the BFOQ defense include:

A correlation between individuals of one sex and physical agility or strength;

A correlation between individuals of one sex and height;
Customer preference for employees of one sex;
The necessity for providing separate facilities for one sex; or
The fact that an individual is transgender or gender non-conforming, or that the individual’s sex assigned at birth is different from the sex required for the job; or
The fact that members of one sex have traditionally been hired to perform the particular type of job.

Personal privacy considerations may justify a BFOQ only where:

The job requires an employee to observe other individuals in a state of nudity or to conduct body searches, and
It would be offensive to prevailing social standards to have an individual of the different opposite sex present, and
It is detrimental to the mental or physical welfare of individuals being observed or searched to have an individual of the different opposite sex present.

Employers shall assign job duties and make other reasonable accommodations so as to minimize the number of jobs for which sex is a BFOQ.

Discrimination and harassment based on a protected class is illegal.

California employment laws prohibit sex harassment and gender discrimination. For example, if you are being subjected to sexual advances, a hostile work environment, pregnancy discrimination, a glass ceiling, or a gender gap in violation of the Equal Pay Act then there are employment laws that may protect you. For example, if you learn female employees with substantial years of experience and performing substantially similar duties as male employees are earning less, then there may be a violation of the Equal Pay Act.

It is illegal for an employer to punish an employee who complains about sex discrimination or sexual harassment in the workplace.  

You or someone you know is being retaliated against because you complained about harassment or discrimination on the basis of sex, gender, gender identity or gender expression, you should seek legal assistance by reaching out to a gender discrimination attorney to see what protections are available to you. If you are a whistleblower because you stood up for victims of gender discrimination then you are protected from wrongful termination.

If your rights have been violated you may be entitled to damages.

Under state and federal law, you might be able to recover damages, such as emotional distress and lost wages. Additionally, under the FEHA as well as federal law you may be awarded punitive damages as well as your attorney fees and costs if you prevail. If your conditions of employment were impacted by employment decisions based on your sex or gender, you should contact a workplace discrimination attorney.

Testimonials

Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Lael Abaya

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

Ryan Shannon

Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tessa K

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

Tiffany M

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Maria Gushchina

Navruz is an intelligent, dedicated, and talented attorney.

Kyle Morishita

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Alexei Kuchinsky

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Ryan Cadry

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Maria Crabtree

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.

Valerie

Contact us today for a case evaluation.

If you have been wronged by your employer, you may be scared and unsure of your rights. If you are interested in learning more about your rights, discussing your potential discrimination claims and obtaining legal advice from an employment attorney, please contact the Avloni Law Firm today for an initial consultation.