Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS
-
Upload
alexandra-roberson -
Category
Documents
-
view
15 -
download
0
description
Transcript of Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS
© Jillian T. Weiss 2013© Jillian T. Weiss 20131
Trans Employment Law 101Trans Employment Law 101
TOP TEN TIPSTOP TEN TIPSTO PROTECT YOURSELF LEGALLYTO PROTECT YOURSELF LEGALLY
LAW OFFICE OF JILLIAN T. WEISSLAW OFFICE OF JILLIAN T. WEISS
(NOT INTENDED AS LEGAL ADVICE, WHICH CAN ONLY BE PROVIDED BY AN ATTORNEY ADMITTED TO (NOT INTENDED AS LEGAL ADVICE, WHICH CAN ONLY BE PROVIDED BY AN ATTORNEY ADMITTED TO PRACTICE IN YOUR JURISDICTION) PRACTICE IN YOUR JURISDICTION)
© Jillian T. Weiss 2013© Jillian T. Weiss 2013
FEDERAL LAWFEDERAL LAW
►No discrimination because of sex• Interpreted by EEOC and many federal courts
(but not all) to include discrimination based on gender identity or expression
• Hostile workplace environment requires severe or pervasive conditions and, if possible, complaints to the company
• Damages capped
2
© Jillian T. Weiss 2013© Jillian T. Weiss 2013
FEDERAL LAWFEDERAL LAW
►File with EEOC• 180 day limitation for filing with EEOC (unless
continuing action)300 days in some statesYou can dual-file with some statesThis may or may not be an advantage
• Go to eeoc.gov for info
• They will help you write up your complaint
• You have to file in person at your local office
3
© Jillian T. Weiss 2013© Jillian T. Weiss 20134
STATE LAWSSTATE LAWS
►18 States with laws (+DC)• Statutes: CA, CO, CT, DE, HI, IA, IL, MA, ME, MD, MN, NJ,
NM, NV, OR, RI, VT, WA. • Court rulings: FL, NY
►Filing with the State • States vary greatly in helpfulness• Required reporting times vary• Some do not cover harassment• Some do not allow emotional distress or punitive
damages• Some prohibit court action after using an
administrative remedy
© Jillian T. Weiss 2013© Jillian T. Weiss 20135
MUNICIPAL LAWSMUNICIPAL LAWS
►About 100 cities/counties have them
►Some have no remedies attached
►Take away: Think about which is best, federal, state or city. Better yet, get a lawyer
© Jillian T. Weiss 2013© Jillian T. Weiss 20136
DOCUMENTING YOUR CLAIMDOCUMENTING YOUR CLAIM
►The organization will deny liability
►Failure to make an internal complaint may diminish your claim
►Making an internal complaint will cause problems, so be ready
►You need to have evidence of: • Discriminatory intent based on protected category• Action based on discriminatory intent• Adverse action
© Jillian T. Weiss 2013© Jillian T. Weiss 2013
DOCUMENTING YOUR CLAIMDOCUMENTING YOUR CLAIM
►Types of evidence:
• Who has seen the events and who will back you up
• Contemporaneous notes with dates, times, specific facts and witnesses
• Be careful about recording and taking documents
7
© Jillian T. Weiss 2013© Jillian T. Weiss 20138
NEGOTIATINGNEGOTIATING
►Who to contact• HR function• Manager – be aware of conflicts of
interest• Highly placed friend
►Presenting your complaint• One sentence overview and relief
requested• The Big Three: PDA
Evidence showing PrejudiceEvidence showing Discriminatory
words or actionsEvidence showing Adverse action
• List of witnesses and documents
© Jillian T. Weiss 2013© Jillian T. Weiss 20139
NEGOTIATINGNEGOTIATING
►HR will be sympathetic, but deny liability, or discriminatory intent
►Rather than argue with these vague points, ask to file a written complaint, and show facts, over and over again.
►Do not shout or get irate with your HR contact
►Continue to put forward the Big Three:• Evidence of Prejudice• Evidence of Discriminatory action• Evidence of Adverse action
► If you feel unsafe, ask for protection in writing and show evidence of need
© Jillian T. Weiss 2013© Jillian T. Weiss 2013
FINDING A LAWYERFINDING A LAWYER
►Hourly v. Contingent v. Pro Bono
►Recommendations – look at the cases
► Initial consultation
►Expertise in employment law and LGBT issues
►Do you have the same goals?