A recent case out of Georgia, Glenn v. Brumby, centered around a man who wanted to transform to a woman and amounted to sexual discrimination.
The transgender person got a favorable ruling recently and may be soon reinstated to editor and proofreader of legislation, The Atlanta Journal-Constitution reports.
Our Newport Beach employment discrimination lawyers have seen many forms of discrimination at work that have left employees feeling ostracized and unwanted, causing them to struggle at work and form emotional problems, among other issues.
These problems are not only internal issues, but they are illegal. There are laws, both in California and federally, that are designed to help employees who have been discriminated against by co-workers, bosses or by the company in the form of not hiring them in the first place. Job candidates and workers should be judged based on their performance alone and not the color of their skin, religious following, gender or other factors.
In the Georgia case, a man was fired from the Georgia General Assembly after revealing he was planning to transition from a man to woman. She filed a federal lawsuit and in a recent court of appeals ruling, found favor with a three-judge panel.
She has continued to receive pay since she was fired in October 2007, but hasn’t been allowed to return to work. Vandy Beth Glenn, formerly Glenn Morrison, was hired in 2005. She was diagnosed with gender identity disorder, and doctors recommended she undergo a gender transition for her “health and well-being,” the newspaper reports.
She told her superiors she intended to start coming to work as a woman and underwent surgeries in order to complete the process. When she told her boss she intended to change genders, he fired her.
The recent appeals court ruling found that it was a form of sexual discrimination because she was fired for not conforming to the stereotypes associated with the gender. Previous court cases have shown that city employees couldn’t fire a man for wearing an earring considered effeminate, and a restaurant couldn’t allow a waiter to be harassed for carrying a tray like a woman.
These court cases are important in order to pave the way for future generations of people who may end up being the victim of a form of discrimination at work. For one, if a person believes they have faced discrimination at work and do nothing, they must work in that environment, which is unlikely to change, for the duration of their employment.
But secondly, they may have an opportunity to change the entire culture of an organization or an industry by stepping up and trying to make change. Sure, it could be difficult, but it also may be necessary. Allowing discrimination to continue is no way to work. These labor law issues and others must be addressed. They can’t linger and affect people in the future.
If you feel your rights have been violated and are in need of an Orange County employment dispute attorney, call Trial Attorney Houman Fakhimi at 877-529-4545 to discuss your rights. We offer free consultations in all areas of discrimination and employment law.
More Blog Entries:
Charter Oak Coach Alleges Sexual Orientation Bias in Firing: September 24, 2011
Court rules in favor of transgender editor at Legislature, by Bill Rankin, The Atlanta Journal-Constitution