Under FEHA, you are considered a protected class as a transgender, and harassment of the sort you describe is unlawful. You really need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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The conduct you describe sounds incredibly egregious and actionable. Sexual harassment is sexual harassment regardless of the genders involved. You should immediately consult with an attorney. Most of us work on contingency and provide free consultations. Do not be afraid of protecting your rights.
I am truly sorry that you're having to deal with ignorant and a disrespectful employer. Instead of a recitation of the law, it is apparent that you have a viable legal matter. Please contact an experienced and caring attorney who can tell your story to a jury.
Scott Miller, Attorney
I'm sorry you're going through this.
Sexual harassment is illegal, and it doesn't matter if it's male-on-male, male-on-female, or female-on-female. Moreover, California's Fair Employment & Housing Act ("FEHA") prohibits discrimination against and harassment of transgendered individuals.
California views physical harassment as worse than verbal harassment, but here you've described both kinds.
If you decide that you want to take legal action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
This is outrageous, and transgender discrimination is unlawful and despicable.....Get a local transgender discrimination lawyer to fight for you rights and the rights of all those transgender individuals that have had their rights trampled on so blatently....
What you describe is an unlawful "hostile work environment." You should see an employment lawyer.
I answer questions on Avvo to try to help get you pointed in the right direction. But, I am not your attorney. Beware, my answers here are general, limited, incomplete, and can never be as complete, thorough, or accurate as one I would give to a client after hearing all of the facts and details of my client's situation and applying the correct law. Also, I am admitted to practice law only in California and all of my answers are intended exclusively for the Golden State.
You may have an excellent case of unlawful sexual harassment. Call an employment law attorney to discuss. Since you appear to still be employed by the harasser, gather all evidence (documents, employee manual, written sexual harassment policies, etc.) and keep them at home. Keep notes of every incident of sexual harassment (date, who did/said what, witnesses, describe reply, if any) and keep those at home as well. Many of us offer a free phone consultation and you should be able to find an attorney to take your case at no cost to you. You have the right to work without being sexually harassed.
I am very sorry that you have to go through this ordeal. I agree with my colleagues in that what you are experiencing is sexual harassment and that you should document every instance of untoward behavior that your supervisor exhibits. In addition, there seems to be sexual discrimination occurring here as your supervisor has stated that he does not want to hire a man. You should definitely immediately seek out legal counsel to protect your legal rights in this matter.