Can I Be Fired for Being Transgender? Understanding Your Rights in California

In California, it is illegal for an employer to fire or discriminate against an employee for being transgender. The state has some of the strongest legal protections in the country for LGBTQ+ employees, including specific rights for transgender individuals. If you have been terminated, treated unfairly, or otherwise discriminated against in the workplace because of your gender identity, California employment law offers protections that can help you seek justice and hold your employer accountable.

This guide will explain your rights as a transgender employee in California, the specific legal protections that apply and the steps you can take if you experience discrimination in the workplace.

Transgender Rights in the Workplace

California is known for its progressive stance on LGBTQ+ rights with state laws designed to protect employees from discrimination based on their gender identity and expression. The Fair Employment and Housing Act (FEHA) is one of the primary laws that protect transgender employees in California. Under FEHA, it is illegal for employers to discriminate against any employee based on their gender identity, gender expression, or sexual orientation.

In 2017, California passed additional protections for transgender individuals through regulations from the California Department of Fair Employment and Housing (DFEH). These protections require employers to:

• Respect an employee’s chosen name and pronouns: Employers must use the employee’s chosen name and pronouns, regardless of their legal documentation.
• Provide access to gender-appropriate facilities: Employees have the right to use facilities that align with their gender identity, including restrooms and locker rooms.
• Allow dress code flexibility: Employers cannot enforce dress codes or grooming standards based on sex, gender identity, or gender expression.

These laws collectively provide transgender employees in California with strong legal protections, aimed at reducing and ultimately eliminating discriminatory practices in the workplace.

Can an Employer Fire You for Being Transgender?

In California, it is unlawful to terminate an employee based on their transgender identity or gender expression. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate in hiring, firing, promotions, pay, and other terms of employment due to an employee’s gender identity and expression. In addition to state law, Title VII of the Civil Rights Act of 1964 also prohibits discrimination based on sex, which includes discrimination against transgender employees following a 2020 U.S. Supreme Court ruling.

Examples of discriminatory firing practices include:

• Terminating an employee after they come out as transgender or begin gender transition.
• Harassing or pressuring an employee to resign due to their gender identity or expression.
• Retaliating against an employee for filing complaints related to discrimination or harassment.

If you believe you were fired due to your gender identity, you have the right to pursue a legal claim to seek compensation for lost wages, emotional distress, and other damages.

Recognizing LGBTQ+ and Transgender Discrimination in the Workplace

Workplace discrimination against transgender employees can take many forms, some more obvious than others. Common examples of transgender discrimination include:

• Misgendering or refusing to use correct pronouns: Consistently using the wrong pronouns or name can be a form of harassment and is considered discriminatory.
• Exclusion from promotions or opportunities: Denying professional growth opportunities based on gender identity.
• Creating a hostile work environment: Harassment, inappropriate jokes, or exclusionary behavior based on gender identity contribute to and foster a hostile work environment.
• Unequal treatment in benefits or compensation: Denying benefits, such as health coverage, based on gender identity or gender transition, or providing lesser compensation.

California law requires employers to create a respectful, inclusive work environment for all employees. If you experience any of these forms of discrimination, you have the right to take action. Contact Miracle Mile Law Group today to hire us to defend your rights and go after your employer for just compensation and damages.

What to Do If You Face Transgender Discrimination

If you experience discrimination or are terminated due to your gender identity and expression, there are steps you can take to protect your rights and seek justice:

1. Document Everything: Keep detailed records of any discriminatory behavior, including dates, names of individuals involved, witnesses and descriptions of incidents. Save any related emails, messages, or documents as evidence.
2. Report the Discrimination: Many companies have internal complaint procedures. Consider reporting the discrimination to your HR department or a supervisor, especially if there is a company policy against discrimination. Be sure to document any responses or lack of action by your employer.
3. File a Complaint with the DFEH: If your employer does not address your complaint, you can file a formal discrimination complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the matter and may hold a hearing if your rights were violated.
4. Seek Legal Assistance: An experienced employment attorney can help you navigate the complexities of discrimination cases. The employment attorneys at Miracle Mile Law Group can represent you in filing complaints, negotiating with your employer, and, if necessary, pursuing a lawsuit for damages.

How an Employment Attorney Can Help

Employment discrimination cases can be complex, particularly those involving transgender rights, which require a nuanced understanding of both state and federal protections. An employment attorney at Miracle Mile Law Group can assist you in the following ways:

• Assess Your Case: We’ll review your case, examine the evidence, and determine if you have a strong case for transgender discrimination.
• Handle Legal Procedures: We can help you file a DFEH complaint and ensure all required documentation and deadlines are met.
• Negotiate on Your Behalf: We’ll advocate for fair treatment and pursue compensation for any emotional, financial, or professional harm you have suffered.
• Pursue Litigation if Necessary: If a resolution cannot be reached, we are prepared to take your case to court to seek justice.

With the complexities of discrimination laws, having an experienced attorney by your side can make a significant difference in protecting your rights and maximizing your potential compensation.

Protecting Your Rights with Miracle Mile Law Group

Being fired or discriminated against due to your gender identity and expression is not only unfair but also illegal under California law. Transgender employees in California are protected from discrimination and have the right to work in an environment that respects their identity. At Miracle Mile Law Group, our dedicated employment attorneys have the experience and commitment to fight for your rights, helping you hold employers accountable for discriminatory actions. Contact us today for a free consultation and let us help you pursue the justice and compensation you deserve.