Schimmel & Parks, APLC - Litigation
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Transitioning former security guard claims employer retaliation

Despite the growing acceptance and increased protections accorded to Californians who are transitioning or transgender, there continue to be incidents of discrimination, harassment and employer retaliation. For those who are dealing with these behaviors, it can cost them their job and present other problems in their lives. Fortunately, there are alternatives to seek justice by considering a legal filing for compensation. Those who have been mistreated in this way should remember their rights and take the necessary steps to pursue a legal case.

A person who worked at the LGBT Center has filed a lawsuit claiming to have been subjected to harassment and discrimination at the workplace in 2018. The woman says she faced retaliation, a failure to prevent harassment, and discrimination based on gender identity. She was on the job for an estimated four months. She says she was born as a male and has been presenting herself as a female. She says that because she was transgender and due to her sexual orientation, she was harassed. Comments were made asking if she intended to remove her male genitalia and if she was transgender. She was told to admit that she was a homosexual man.

She continued to be harassed when she took the overnight shift alone so she would not be harassed. It is generally a job handled by two people. She asked to have a shorter workweek because of diabetes and other health issues. That request was denied. She requested that she have vacation time, but that was also denied. She was dismissed two days after that. The lawsuit says that she had been a good employee and there were no issues.

Workers who are open and honest about their sexuality or transgender status should be free to do their jobs without fear of mistreatment, retaliation, harassment and other illegal acts. Despite the rise in attention paid to people who are in this category and the protections they are supposed to be accorded, it continues to occur with a troubling frequency. If it happens and there is employer retaliation and other illegal behaviors, it is important to call a law firm that has a history of helping people with employment claims to begin the process of filing a lawsuit.

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