Legal Question in Discrimination Law in California
gender maliciously questioned in front of 3rd grade class during outing
During a school function w/daughter, an employee of the field trip establishment we were attending, maliciously, and without provocation, repeatedly questioned my gender. This was done in front of approx. 35 3rd graders (including my daughter), several other parent chaperones, and at least 1 other employee. The questions were inflammatory and included comments such as: 1. Are you a ''girl'' or a ''boy.'' 2. Do you wear a skirt. 3. Do you need to go to the ''privy'' (bathroom) to figure out what you are. The questions were endless and caused me great embarrassment. Several of the parents and children present were also shocked and my daughter was distraught. At one point I asked the employee if he was serious to which he replied, ''absolutely.'' I chose not to engage the employee due to the presence of the children and the obvious effect it was having on them. Instead I asked the employee to just continue with the scheduled field trip to which he replied, ''Thank you, at least you figured out you are a girl.'' I attempted to speak to the employee later, in private, about his comments by telling him they were inappropriate to which he said I got what I deserved, and walked away. I am a 40 yr old male who has lost sleep over this incident.
2 Answers from Attorneys
Re: gender maliciously questioned in front of 3rd grade class during outing
Contact the employee's supervisor and/or president of the company and describe what happened. It is unlawful for a business establishment to discriminate based on gender and/or sexual orientation, or based on a perception that a person has characteristics within those categories. See Civil Code section 51. Section 52 provides for civil penalties in a lawsuit.
Re: gender maliciously questioned in front of 3rd grade class during outing
Assuming you can prove the specific language and conduct you allege, there are grounds for legal action. Feel free to contact me about your rights and remedies, if serious about pursuing this.
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