LGBT Rights

LGBT Rights

Los Angeles Employment Attorney

LGBT stands for "lesbian, gay, bisexual and transgender" rights. In recent news, a transgender woman is contending that she was denied access to the women's locker room, even after showing the club manager her California driver's license which lists her as a female and a note from her doctor saying she had undergone clinical and surgical treatment and is "physically, legally and mentally a woman."

Not only do California customers face this discrimination, California employees can as well. But in California, our state does not tolerate the persecution of anyone based on sexual orientation or gender identity in employment.

Discriminated Parties

One transgender woman tells the story of losing her job with the Georgia General Assembly after her boss discovered she was transgender:

"[My boss] told me I would make other people uncomfortable…he told me that my transition was unacceptable. And over and over, he told me it was inappropriate. Then he fired me…I was devastated."

Another woman shares, "I didn't lose my job because I was lazy, incompetent, or unprofessional. Quite the contrary, I worked hard and did my job very well. However that was all discarded when my boss discovered I am a lesbian."

No matter an employer's personal stance on LGBT rights, he/she cannot discriminate against an employee or prospective employee on the basis of same-sex relationships or gender reassignment. Discriminated parties can include:

  • Lesbian women
  • Gay males
  • Bisexual women and men
  • Transgender women and men

If you have been treated unfairly by a prospective, current or past employer because of your gender identity or sexual preference, you should speak with an attorney immediately. We are devoted to equality and represent the laws that protect you!

Passing of ENDA and What That Means for You

According to studies, anywhere from 15 to 43% of gay people have experienced some form of discrimination or harassment in the workplace. And 90% of transgender workers report some form of harassment or mistreatment on the job. According to statistics:

  • Eight to 17% of gay and transgender workers report being passed over for a job or fired because of their sexual orientation/gender identity
  • Ten to 28% received a negative performance evaluation or were passed over for a promotion because of their sexual orientation/gender identity
  • Seven to 41% were verbally or physically abused or had their workplace vandalized because of their sexual orientation/gender identity
  • Twelve to 30% of straight workers admitted to witnessing discrimination in the workforce based on sexual orientation
  • Controlled experiments found that when two sets of matching resumes were sent to major employers and one indicates the applicant is gay, the employer would receive the gay resumes far less often than the straight resumes
  • Gay men earn 10 to 32% less than similarly qualified heterosexual males

The United States passed the Employment Non-Discrimination Act (ENDA) which could help end employment discrimination against the LGBT community. ENDA extends the same protections provided to those of different race, religion, gender, national origin, age and disability to the LGBT community. It prohibits employers, agencies and labor unions from basing their employment decisions (or hiring, firing, promoting and compensating) on the basis of sexual orientation/gender identity.

It prohibits employers from treating an employee differently as a result of that employee's sexual orientation or gender identity. It supplies similar remedies as permitted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. This law extends from local and state governments all the way to Congress and Federal government. ENDNA does not apply to the following, however:

  • Small businesses with fewer than 15 employees
  • Any religious entity

If you were discriminated against, we can fight for justice and compensation!

We are committed to advancing the cause of civil liberties in the community and hold employers who discriminate accountable for their behavior. If you believe you were overlooked for a promotion, deprived benefits or fired because of your sexual orientation/gender identity, you should not delay in contacting our team at Martinian & Associates INC. today!

LGBT Rights discrimination needs to be stopped in its tracks in the workplace and we can help you fight for the settlement you deserve! Over the years, our team has handled hundreds of jury trials and has recovered millions of dollars in verdicts and settlements. We work on a contingency fee basis, which means that unless your case is successful, you don't have to pay us a dime! We are proud to provide prospective clients with a free case evaluation; contact our firm today!

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