The Legal Aid Society–Employment Law Center

Keeping the Promise of Justice for All

Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights

The LGBT Workers’ Rights Project helps low-income workers address discrimination, harassment, and other problems at work because of their sexual orientation or gender identity. Established in 2000, the LGBT Workers’ Rights Project works to ensure that existing law is interpreted and expanded to protect such workers.

The Project provides free legal education, counseling, advocacy and assistance to minimize barriers to employment and to help low-income LGBT workers to resolve problems of sexual orientation and gender identity discrimination in the workplace.

The tools we use include:

  • Legal help: LAS–ELC provides free legal information and assistance to LGBT individuals through the Workers’ Rights Clinic.
  • Class action lawsuits: LAS–ELC litigates cases that we believe can result in favorable case law for LGBT workers, including class action and individual cases.
  • Education and outreach: LAS–ELC educates LGBT workers and their advocates about employment rights through workshops and educational materials.
  • Advocacy: In collaboration with other legal and LGBT advocates, LAS–ELC advocates to improve legal protections for people who are discriminated against on the basis of sexual orientation or gender identity.
  • Tools: LAS–ELC provides advice, counseling, and self-help tools, such as fact sheets and sample letters to employers, and limited representation to people who are experiencing discrimination in the workplace.
  • Collaboration: LAS–ELC collaborates with a range of advocates and communities to identify and strengthen the common interests of persons with disabilities, lesbian, gay, bisexual, and transgender people, women, people of color, immigrants, language minorities, labor, and working people with caretaking obligations.

Transgender Employee Faced Harassment at Work

Maya Perez had been working at Burlington Coat Factory in San Francisco for five years when she underwent sex reassignment surgery from male to female. She believed that her employer would be supportive—but she was wrong.

For seven years following her surgery, Maya was subjected sexual comments, inappropriate touching, and pornography by her supervisors, coworkers, and even customers. Management repeatedly ignored Maya’s complaints.

The Legal Aid Society–Employment Law Center (LAS–ELC) filed a complaint on behalf of Maya Perez in San Francisco Superior Court, charging Burlington Coat Factory with sexual harassment and discrimination. The suit was one of the first cases brought on behalf of a transgender employee in California since the state amended the Fair Employment and Housing Act in 2004, which outlaws discrimination on the basis of sex, to specifically include gender identity and expression.

more