As a member of the LGBTQ+ community, you are fully protected from discrimination, harassment, and retaliation in the workplace. Unfortunately, you could still suffer from violations of federal and state laws by unjust employers. Discrimination based on your sexual orientation or gender identity can leave you with financial losses, damage to your career, emotional distress, and even physical harm.
Help in the face of LGBT discrimination is available at Fairchild Employment Law. Our San Diego employment lawyers are passionate advocates and allies who are committed to vindicating the rights of workers. We focus our services on supporting you through what may be an overwhelming process. Contact us today to start your case with a free consultation.
Why Hire Our LGBTQ+ Discrimination Lawyers in San Diego?
- We have represented clients in the LGBTQ+ community for many years. Our team understands this type of discrimination and is passionate about bringing employers and major corporations in San Diego to justice for wrongdoing.
- The founder of Fairchild Employment Law, Jillian Fairchild, spent 15 years working as a defense attorney for employers in discrimination cases. This gives her a unique advantage in fighting for you.
- We accept LGBT discrimination cases in San Diego on a contingency fee* basis, meaning we don’t charge anything for our services unless we win the case for the client.
How an LGBTQ+ Discrimination Attorney in San Diego Can Help
Any threats to your rights or welfare due to discrimination should not be tolerated in the workplace. If you are experiencing LGBTQ+ discrimination at your job in San Diego, hiring an employment law attorney can give you the resources you need to take a powerful stand against an employer that is guilty of violating your rights.
An LGBT discrimination lawyer can help you hold your employer accountable for acts that were deeply damaging to you emotionally, financially, and/or physically. Your lawyer can file a complaint, claim, or lawsuit after finding evidence of discrimination or harassment. You can count on your attorney to fight for maximum compensation and justice on your behalf.
What Does LGBTQ+ Discrimination Look Like?
State and federal laws prohibit discrimination in the workplace based on an individual’s sexual orientation, gender identity, gender expression, transgender status, and relationship status. Discrimination can refer to any type of physical, verbal, or sexual harassment based on the fact that a worker identifies as a member of the LGBT community.
It can also describe adverse employment actions taken against an individual because of this protected class, such as:
- Job termination
- Suspension or discipline
- Demotions or pay downgrades
- Poor performance reviews
- Dress code violations
- Restricted restroom access
- Exclusion from meetings or projects
- Getting passed up for promotions
- Lower pay than a non-LGBT worker for substantially similar work
- Refusal to hire an applicant
- Unfair scheduling changes
- Refusing time off related to gender transition
- Retaliating for complaining about LGBT discrimination
Regulations under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 make it illegal to harass or discriminate against an individual because of his or her status as LGBTQ+, gender identity or expression in the workplace, or for coming out as gay or transgender.
Understanding Protections for Gender Identity and Expression
California’s Fair Employment and Housing Act offers some of the broadest protections in the country for LGBTQ+ employees. Under this law, it is illegal for an employer with five or more employees to discriminate against you based on your gender identity, gender expression, or sexual orientation. These protections cover every stage of employment as well.
A few key rights that FEHA guarantees in the workplace:
- Your employer must use your chosen name and pronouns. Intentional and repeated misgendering after you have made your identity known can constitute harassment under state law.
- You have the right to use restroom facilities consistent with your gender identity. Your employer cannot dictate which restroom you use.
- Dress codes and grooming standards must allow you to present consistently with your gender identity.
- Employer-provided health plans must cover medically necessary gender-affirming care.
California also protects you based on perceived identity, not just actual identity. If your employer discriminates against you because they believe you are LGBTQ+, you are protected even if their assumption is wrong. The same applies if you face retaliation for associating with someone who is LGBTQ+. The state also recognizes nonbinary identities and protects employees who are transitioning on the job.
Identifying Hostile Work Environments and Subtle Bias
Not all workplace discrimination is overt. While some employees experience obvious mistreatment like slurs or termination, others face patterns of subtle bias that are just as damaging and just as illegal under California law.
A hostile work environment exists when unwelcome conduct based on your gender identity, expression, or sexual orientation becomes severe or pervasive enough to interfere with your ability to do your job. Per the FEHA, even a single incident can qualify if it is serious enough.
Some common forms of subtle bias that may support a discrimination claim include:
- Being consistently excluded from meetings, projects, and social events after coming out
- Receiving suddenly negative performance evaluations despite no change in your work
- Having your appearance or mannerisms commented on in ways tied to gender stereotypes
- Being passed over for a promotion that goes to a less qualified colleague
- Having your employer deny benefits to your same-sex spouse/domestic partner
Your employer has a legal duty to prevent harassment and to investigate complaints. If they fail to act after being made aware of discriminatory conduct, that failure may strengthen your claim.
Remedies and Compensation for Workplace Discrimination
If your employer discriminates against you because of your gender identity, expression, or sexual orientation, FEHA provides a comprehensive framework for holding them legally responsible. California does not cap compensatory damages in discrimination cases, which means the value of your claim is tied to the harm you actually suffered rather than an artificial limit.
The compensation available to you in a successful claim may include:
- Back pay for lost wages and benefits
- Front pay for anticipated future losses
- Emotional distress damages for the psychological toll of the discrimination
- Punitive damages under Civil Code § 3294 if your employer acted with malice, oppression, or fraud
- Reasonable attorney’s fees and court costs
If you believe you have been treated unfairly because of who you are, seeking legal advice from an experienced LGBTQ+ discrimination attorney in San Diego with our employment law firm can help you evaluate your options and take the next step toward holding your employer liable.
Contact our San Diego LGBTQ+ Discrimination Lawyers for a Free Consultation
At Fairchild Employment Law, we understand that LGBT discrimination feels personal. We recognize that this can be a stressful and uncertain time for you. Our LGBT discrimination lawyers are here to guide you through every step of the legal process with respect and compassion. We will provide you with clarity about your legal situation and available legal remedies as we seek justice for you and your losses. Speak to an attorney about your situation today in a free introductory consultation in San Diego. Schedule yours by calling (619) 306-1454 or contacting us online.
*Disclaimer: Fairchild Employment Law offers cases on a contingency fee basis. This means that we do not get paid until you do via settlement or judgment. Please note that clients are financially responsible for court costs and case expenses, such as filing fees, deposition transcripts, and expert witness fees. Court costs and case expenses are generally deducted from the total settlement or verdict after our percentage is calculated and will be outlined clearly in your contract. The client will be held responsible for any costs advanced when no recovery is obtained on behalf of the client.