Whether you are transgender and identify as male or female, or you are gender non-conforming, your pronouns are likely very important to your identity. Of course, it can be very bothersome to be addressed by the wrong pronouns – especially in the workplace.
My boss fails to address me by my proper pronouns. Can I sue? Have you found yourself asking this question? If your employer has failed to address you by your proper pronouns, then you might have the right to sue. More specifically, you could have the right to sue for workplace discrimination.
For more information about your right to file a lawsuit against your boss for the failure to use your proper pronouns, do not hesitate to seek legal assistance with the experts at our law firm immediately. Here at California Labor Law Employment Attorneys Group, we have decades of experience representing employees who have been wronged in the workplace and who have suffered discrimination.
Our workplace discrimination attorneys are ready to evaluate your employment discrimination claim and help you recover the compensation that you are owed. Contact us at your earliest convenience.
Refusing to Use Your Proper Pronouns is Discriminatory
Failing to address you by your proper pronouns can be considered discriminatory. In the state of California, it is illegal for employers to discriminate against their employees based on their sex, gender, sexual orientation, gender identity, and gender expression. This is based on the Fair Employment and Housing Act (FEHA).
Discrimination looks different from situation to situation. It could include anything like making jokes or inappropriate comments, asking inappropriate questions, passing up the employee for specific assignments, not considering the employee for promotions, etc. Of course, it could also include subjecting the employee to unfair treatment, like demotions, poor assignments, forcing them to use one restroom, etc.
By refusing to address you by your proper pronouns, your employer is misgendering, which is a form of harassment. Whether your employer claims to pretend to forget to use your pronouns or just flat out refuses to use your pronouns, this harassment could be considered discrimination, and you could have grounds to take action against your employer.
I was fired after I told my employer to address me by my proper pronoun. Can I sue?
I was terminated after I told my employer to address me by my proper pronouns. Do I have a case? If you were fired after you spoke to your employer about using your proper pronouns when addressing you, your termination could be illegal – as it is illegal for employers to terminate their employees based on anything protected by the FEHA. If you were wrongfully terminated after asking your employer to address you by your proper pronouns, you could file a wrongful termination claim against your employer.
What Can You Do?
If you were treated unfairly in the workplace, whether you were repeatedly made uncomfortable due to your boss using the wrong pronouns or whether you were terminated after asking to be referred by your proper pronouns, you could take action against your employer.
The first thing that you should do is to file a claim with the state employment agency. In California, this is the Department of Fair Employment and Housing (DFEH). The DFEH enforces all state employment laws and handles employment claims when they arise. When employees file claims with the DFEH, they investigate the situation and determine whether or not the employer violated any employment laws. If the employer violated laws, then the employment agency will take action against the employer. This could ultimately lead to policy changes, retraining, getting your job back, or getting a monetary recovery for lost income, for instance.
Another one of your option includes filing a civil lawsuit against your employer. Although you could file a civil lawsuit, you must first go through the DFEH and request the right to sue. Once you have received the right to sue, then you can take file a civil lawsuit with the help of an experienced employment attorney.
Do I have a case for discrimination? Do I have a case? Yes, you could have a case. For more information about whether you have a case and whether you could take action against your employer, do not hesitate to contact the experts at our law firm immediately.
The outcome of your employment claim will depend on the specific actions that you choose to take. As briefly mentioned above, handling a claim entirely through the DFEH could result in policy changes, retraining, getting your job back, and monetary recovery for lost income. However, doing this could also result in the recovery of out-of-pocket expenses/losses, an order that prohibits unlawful practices, access to a job opportunity, reasonably accommodation, damages for emotional distress caused by the experience, civil penalties, and punitive damages.
If you file a civil lawsuit against your employer, you could be entitled to lost income, lost benefits, pain and suffering, punitive damages, and legal fees, for example. Ultimately, the type and amount of compensation that you could be eligible to receive if your civil lawsuit is successful will always depend on the details surrounding your workplace lawsuit.
Contact Us Today
I need a lawyer that can help me with my employment claim and that can file a lawsuit on my behalf! If you are looking for legal help, do not hesitate to contact the experts at our law firm as soon as possible. Here at California Labor Law Employment Attorneys Group, we have decades of experience handling all sorts of employment claims. We are dedicated to fighting for the rights of employees who are treated unfairly in the workplace. If you would like to discuss your claim with our experts and learn more about your right to file a lawsuit, do not hesitate to contact our attorneys as soon as possible.
To make things as easy as possible for our clients, we offer free legal services. Our free legal services include free consultations and free second opinions. During these legal services, our lawyers will answer all your questions and address all your concerns, providing you with all the information that you need to pursue your employment claim. If you would like to benefit from these legal services, you should contact us immediately.
We are proud to offer a Zero-Fee guarantee, so that you will never have to worry about paying upfront legal fees for our legal services. We also work on a strict contingency structure; therefore, you will not be required to pay anything until you win your claim.
If you are ready to speak with our experts about your right to sue after your boss refused to address you by your pronouns, do not hesitate to contact us today.