Costa Mesa Transgender Discrimination Attorneys

Regardless of how an employer personally feels, employees of every background have a legal right to work in an environment free of discrimination or harassment. However, trans workers often find themselves facing discrimination. An empathetic Costa Mesa transgender discrimination attorney can help you understand your legal rights and options under California employment law.

Trans and nonbinary people deserve a safe space to discuss their legal case with an attorney who can empathize with their lived experiences. Here at California Employment Counsel, APC, we take trans rights seriously. Our team of attorneys focuses solely on employment law, representing countless California workers in various types of cases.

When you work with us, you are working with legal professionals who offer clear legal advice to our clients so they can take control of their case after experiencing destabilization.

In 2024, the top job occupations for Costa Mesa employees included management occupations, sales and related occupations, office and administrative support occupations, and business and financial operations occupations. Many of these positions were held by members of the 2.8 million LGBTQ+ individuals living in California, 6% of whom identified as transgender. Unfortunately, too many have experienced a form of workplace transgender discrimination.

Regardless of how you identify, your rights as an employee in California are the same as those of anyone else. You cannot be discriminated against for your gender. This includes binary trans individuals who have chosen to undergo hormone replacement therapy, surgery, or other forms of gender-affirming care, as well as nonbinary people and other trans people who choose to express their gender in different ways.

If you face discrimination at your place of employment, there are steps you can take to protect your rights as a California worker. Your first step should be to hire a transgender discrimination attorney who can explain your legal rights to you. Together, you can determine the right option to pursue for your unique situation and needs. Most importantly, a compassionate Costa Mesa transgender discrimination lawyer can protect your rights as a transgender California worker.

Next, it is important to collect as much evidence as possible for your case. This includes evidence that supports that you are a member of a protected class and that the discrimination happened directly because of your protected characteristic. Evidence can include items such as those listed below:

• Written communication between you and the perpetrator, such as text messages, emails, and memos
• Testimony from coworkers or other people who witnessed the incident
• Security footage of the incident
• A written, detailed timeline of events
• Personnel records

After gathering evidence related to the incident, you can report the incident to your company’s Human Resources department if you feel safe to do so. An internal investigation is typically the protocol for these cases. Make your report and request an investigation in writing.

In some job places, contacting HR isn’t a viable option. Discrimination can happen during job interviews, or you may have been fired during the incident. Plus, with the significant amount of physical and sexual violence perpetrated against trans people, you may not feel safe handling the incident within your company. If this applies to you, discuss your concerns with your attorney. They can help you file an official complaint with California’s Civil Rights Department.

The Civil Rights Department oversees workplace discrimination cases. In 2023, there were 129 employment complaints filed with the California Civil Rights Department for violations regarding gender identity or expression, with 1,351 complaints filed for violations regarding sex and gender. You have two main options when pursuing justice after experiencing illegal acts in the workplace:

1. File a complaint with the Civil Rights Department, which incites an official investigation into your claim.
2. File a complaint with the Civil Rights Department, along with a “right-to-sue” complaint. If the Civil Rights Department grants this request, you can pursue a legal case in court against the perpetrator. If you decide to pursue a legal court case, your attorney can help you file your claim at the Central Justice Center, located at 700 Civic Center Drive West in Santa Ana.
3. It’s important to note that these claims are not investigated by the Civil Rights Department, as the matter is solely handled in court.

An experienced attorney can assist you in determining which type of claim to file.

If an employee reports an incident in the workplace and someone at work discovers it, the employee may face acts of retaliation. Although illegal in California, it happens far too often. If you’ve experienced retaliatory acts, you have options you can pursue. If you’ve experienced any of the workplace behaviors listed below because you identify as transgender, contact a Costa Mesa transgender discrimination attorney:

• You were fired or demoted.
• You were passed over for a job promotion.
• Your work and behavior have been unfairly scrutinized by higher-ups.
• You have been excluded from important work meetings or normal events outside of work.
• You’ve been bullied, called names, teased, intimidated, threatened, harassed, or assaulted.
• Your work hours were cut.
• You were transferred to a different job role within the company.
• You’ve been made to feel invisible by being ignored.

If you suspect you’ve experienced retaliation for reporting workplace discrimination, speak with an attorney about filing a complaint with the Labor Commissioner. You have one year from the date of the retaliatory act to file this complaint.

Trans people have always existed and continue to exist, whether or not perpetrators want to accept it. If you or someone you love has experienced discrimination in the workplace because of gender, you deserve to have a passionate lawyer on your side to defend your rights. California Employment Counsel, APC, has the resources to advocate for you. Contact our office in Costa Mesa to schedule a confidential consultation with one of our skilled discrimination attorneys.