Big Win for LGBTQ Workers

lgbtq workersLGBT workers win big just days since the Trump administration put forth regulations denying health care benefits for Transgender Americans, literally denying the civil rights for patients who seek medical services. In a major contrast to the Administration’s view, however, the Supreme Court ruled that LGBTQ workers should be afforded the same protections as every other American. 

Discrimination on the Basis of “Sex” 

At issue is the meaning of the word “sex” in discussions of discrimination. Under the Obama administration, provisions related to sex discrimination included issues related to gender identification. The current administration however, believed that the legal reality separated transgender people from others in terms of discrimination rules. That gave doctors the right to refuse to treat transgender people if they choose. 

The LGBTQ Workers Supreme Court Ruling 

It appears that the Trump Administration came into direct conflict with a Supreme Court ruling that affirmed federal laws stating that government must fully protect transgender individuals from discrimination. In a 6-3 vote, the court stated that employers cannot fire workers simply because they are homosexual or transgender. The ruling was embedded in the 1964 statute—Title VII of the Civil Rights Act–barring discrimination on the basis of several factors, one of which is sex.  Conservative voices have contended that the law was written without  transgender people in mind decades ago.  However, as Justice Gorsuch wrote in the majority decision, “It is impossible to discriminate against a person for being homosexual or transgender without discrimination based on sex.”  The landmark decision will provide a safety net for LGBTQ workers and individuals across the country, especially since only about half of states have protections for these individuals on the books. Notably, President Trump agreed to bend to the new ruling, stating that the court is very powerful, and the findings must be adhered to. 

California Law 

In California, the Fair Employment and Housing Act (FEHA) has protected the rights of Californian LGBTQ workers from employer discrimination for years. Gay, lesbian, transgender, and bisexual individuals may not be discriminated against when it comes to job applications and interviews, hiring, compensation, promotions, firing, working conditions, and opportunities in the workplace. In the event discrimination does occur, courts may rule that companies may be on the hook to address a number of issues, including: 

  • Past and future earnings;
  • Attorney’s fees;
  • Emotional distress;
  • Punitive damages;
  • Changes in company policies;
  • Training to address discrimination issues.

[Read more…]

Transgender Rights – Workplace Protections

transgender rights in the workplaceTransgender rights are human rights. According to Amnesty International, transgender individuals are the recipients of casual discrimination on a daily basis. In fact, they undergo as many as 60 instances of discrimination or harassment every single day. While many of these indiscretions are made without malice, or even unknowingly (such as using a pronoun other than the one the transgender person identifies with), they still take a toll on the transgender community. California lawmakers have taken deliberate steps to provide protections for transgender workers. The goal is to reduce and even eliminate instances of harassment and/or discrimination in the workplace that is based on gender identity, sex, or gender expression. The rights of transgender individuals in the workplace are important to the health and safety of the worker, fellow employees, employers, and the business itself.

Posting the Transgender Rights Poster

All employers with one or more employees must post the California Department of Fair Employment and Housing poster regarding workplace rights for transgender individuals. The poster clarifies any questions employers and their employees may have as to some specific rights for transgender employees.

Parity in Restroom Facilities – Transgender Rights

All employees are entitled to feel safe in restrooms, locker rooms, and similar facilities. Individuals who are transitioning and/or who are transgender have particular protections when it comes to restrooms in the workplace.  

  • California standards ensure that employees are allowed to use the facilities that correspond with their gender identity.  
  • Single-occupancy restrooms must be identified as gender-neutral with signs that label the room as such.
  • It is the choice of the transgender individual whether to use a single-occupancy restroom or a general use restroom that is designated as either male or female. Employers do not have the right to force transgender individuals to use the single use facilities exclusively.

When are Transgender Rights Protections Viable?

The California Fair Employment and Housing Act provides protections from harassment and discrimination for transgender individuals, among others. These protections apply to hiring, wages, opportunities for training and promotions, lay-offs, firing, and retaliation. They protect transgender workers before, during, and after social, legal, and physical transitioning.

Social Transition

Individuals undergoing social transition may not be discriminated against for the issues such as following:

  • Changes in attire;
  • Alterations in hairstyle;
  • Preferences for different pronouns.

Physical Transition

Transgender individuals who undergo hormone therapy and/or surgery may not be discriminated against during or after therapies and treatments that change the physical body of the individual.

Legal Transition

At the culmination of the social and physical transition, transgender individuals may ultimately be required to undergo a legal name change, which may, in turn, result in updates to social security cards, driver’s licenses and other identification, birth certificates, and additional important documents. These changes should not result in workplace penalties. [Read more…]

Transgender Discrimination: A Case Study in California

Transgender DiscriminationImmediately after pronouncing herself a transgender woman, 53-year-old Meghan Frederick experienced transgender discrimination via a lack of respect, isolation, and outright harassment. As a correctional officer in a maximum-security prison, she discovered that colleagues as well as supervisors were more likely to react to her with rejection than acceptance. Ultimately, she felt she had no choice but to file a discrimination lawsuit. If you can relate to this case, you may wish to contact an experienced employment attorney, as well.

Meghan’s Transgender Discrimination Story

A career in finance segued into a position in the California Department of Corrections and Rehabilitation for Meghan. There, colleagues welcomed an athletic man. But some years later Frederick began to transition, and after five years announced that she wished to be identified as a woman.

Since then, sergeants, lieutenants, and captains have all misidentified her gender. She filed internal complaints against them, but nothing changed. Her vehicle has been vandalized multiple times since her announcement, as well, signaling the loathing fellow employers feel toward her.  She has spent years walking into rooms in the workplace, only to be ignored or stared at wordlessly. Meghan has been insulted over the intercom and has repeatedly had to correct peers who refer to her as “sir.” The least desirable assignments were given to Frederick, and her movements were frequently restricted for unusual periods of time. More significantly, Frederick claims her life was put in danger.

When inmates witnessed colleagues undermine her and openly disrespect her, it made her a target. In fact, inmates made death threats against her more than once – threats that her superiors failed to inform her about in a timely manner. Typical protocol requires that correctional officers be separated from inmates who have stated they wish to harm them personally. In Frederick’s case, she was not informed of the threats until weeks after they occurred, and she was required to work with the menacing inmates despite the accentuated risks associated with such threats.

Options When Transgender Discrimination / Discrimination is Pervasive in the Workplace

Why not find another job, some might wonder. Frederick says she will not be bullied. She is proud of herself and her work, and refuses to back down to transgender discrimination and retaliation. Frederick believes that fighting back through the courts will improve life for her, but the impact of the transgender discrimination suit may have much larger implications. Transgender men and women throughout the country experience workplace discrimination every day. This lawsuit shines a light on the types of behaviors condemned by state law. In California, the California Fair Employment and Housing Act (FEHA) specifically prohibits discrimination based on gender identity. Additional protections are in place related to housing, education, workplace dress codes, bathroom use, and hate crimes.

Aggressive Legal Help for Transgender Discrimination

If you have experienced discrimination in the work place, the law is on your side. At Beck Law, our aggressive employment team will go to the mat for our clients in Sonoma County, Mendocino County, and Lake County California discrimination cases. Contact us in Santa Rosa today for a confidential consultation.

Transgender Employees Health Plan Discrimination

Transgender EmployeesRobinson v. Dignity Health When does a health plan discriminate against transgender employees? A complaint has been filed against the San Francisco-based company Dignity Health on behalf of one of its employees, a transgender nurse. The complaint alleges that his employer categorically discriminates against transgender employees on the basis of their gender by denying coverage of their health care expenses related to gender dysphoria.

The plaintiff, Josef Robinson, works as a nurse at a medical center in Arizona operated by Dignity Health. Robinson was assigned the sex of female at birth, but identifies as male. He sought coverage through his employee health plan for health care related to gender dysphoria, including hormone therapy treatments and double mastectomy surgery.

However, the Dignity Health Plan denies “treatment, drugs, medicines, services and supplies for, or leading to, sex transformation surgery.” As a result, Robinson has paid out of pocket for his hormone therapy treatments, and his request for pre-authorization for double mastectomy surgery was denied. The denial letter stated that the Dignity Health Plan’s exclusion of expenses related to sex transformation surgery means that all treatments related to the diagnosis of gender dysphoria are excluded. After learning about this denial, Robinson cancelled the surgery.

Allegations of Transgender Employees Discrimination                          

After Robinson was denied coverage, Dignity Health was asked to revise its policies regarding medical expenses related to gender dysphoria. The company responded that it would look into the matter, and later issued a statement expressing that it determined that there was no evidence of discriminatory practice in the health plan. Robinson then filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that these policies discriminate against transgender employees on the basis of gender. This led to the ACLU filing a complaint against Dignity Health in the U.S. District Court in San Francisco on June 6, 2016.

The ACLU’s complaint argues that denying coverage for health care related to gender dysphoria is a form of gender discrimination in violation of Title VII of the Civil Rights Act of 1964 because it discriminates based on gender nonconformity. The complaint also argues that the denial of coverage is a violation of the Affordable Care Act, which states that covered entities providing health insurance may not categorically exclude all health services related to gender transition.

In May 2016, a judge in Minnesota dismissed a federal lawsuit filed against an employer by an employee whose teenage son was denied health care coverage related to gender dysphoria. In that case, the complaint was rejected on the grounds that the employee was the wrong defendant because she did not personally suffer discrimination. [Read more…]

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and testimonials presented on www.californialaborandemploymentlaw.net or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California.