Legal Question in Employment Law in California

My supervisor dislikes me, and has written-me-up and suspended me ever since he took the manager/supervisor job. I am a gay-transsexual, and they are Hispanic-Catholic. By they, I mean the human resourses lady and the supervisor, together say that I am at fault; however, I disagree and any protestations or explainations are ignored, discarded, and denied.

Since he has been ridding-me-hard everyday and discrediting my work; do I have a case to sue him and the company for something?

I am on a three-day-suspension for doing work that was assigned me by him. He tells me to do the work, and then writes-me-up for it, saying that it is unsatisfactory.

Besides quitting, being fired (unfairly), or suffering-on; what do I do?


Asked on 8/29/10, 10:43 am

2 Answers from Attorneys
David Sarnoff Sarnoff + Sarnoff

If you believe your supervisor and the HR lady are discriminating against you because you are a gay-transsexual, then you may have a case. The California Fair Employment and Housing Act prohibits discrimination by an employer against any employee on the basis of their sexual orientation and/or gender identity. You need to contact a California employment lawyer to fully evaluate your situation. I would be happy to speak with you about this. You can contact my office at (213) 536-4236 and speak with either me or my law partner, Raven Sarnoff.

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Answered on 9/03/10, 11:40 am
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. Winning is a different question. You gave no facts or evidence to support a claim of discrimination. Merely being homosexual is not 'proof' the company is discriminating against a homosexual when discipline is imposed. If you have any evidence, facts, witness testimony, documents, etc., that shows you are treated 'differently' because you are homosexual, such as you achieving all the same performance and attitude as everyone else, but being told you are unsatisfactory, then you would have grounds for a case. Mere speculation and thinking it 'might be' because your are homosexual is not evidence or proof. Has anyone at work said or done anything you can point to as indication of their negative attitude towards you or homosexuals in general? If you have anything to support your belief, feel free to contact me to discuss. I've been doing these cases for over 20 years.

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Answered on 9/03/10, 1:02 pm


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