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Gender identity and gender expression discrimination occur when you experience unfair treatment in the workplace because of how you identify your gender or how you express yourself. Gender identity and gender expression are common phrases in today’s society. You may have a gender assigned at birth. However, it may not be the gender you identify with or how you wish to express yourself.
Companies that refuse to accept your gender identity or expression are violating your rights under the law. You have the right to live your truth as the gender for which you identify. You have the right to express yourself however you feel appropriate. If your employer denies you this right, you have the right to work with an LGBTQ attorney to help you stand up for your rights in the workplace.
A person is assigned the gender of male or female at birth. However, as a person develops, they may identify as a different gender. For instance, a man may identify as a woman (transgender) or vice versa.
Some people identify as non-binary (they do not identify with any gender) or cisgender (they identify with the gender they were born).
Gender identity also relates to the pronouns a person uses to identify themselves. Some people will use he or she pronouns. Others will use “they” to identify themselves.
Respecting gender identity means others must respect the pronouns you use to identify yourself as well.
Gender expression is how a person shows gender to society. A person may identify as male and yet dress in feminine styles with makeup and nail polish. In contrast, a person may identify as female and choose to wear their hair short and dress in clothing more in line with how men typically dress. How a person expresses themselves and their gender has nothing to do with their gender identity.
For instance, many people may perfectly feel content with their assigned gender. They may be heterosexual. Yet, they may still choose to dress wearing clothes from either or both genders. If you experience discrimination and harassment related to how your express your gender, you have the right to seek justice and compensation.
Employers, CEOs, supervisors, managers, coworkers, clients, customers, and non-employees who use an employee’s or job applicant’s gender identity or gender expression to make negative employment decisions are guilty of discrimination in the workplace.
If they refuse to use the proper pronouns to address a person based on their gender identity, they have committed an act of discrimination. Discrimination based on gender identity and expression targets the LGBTQ community and their allies in employment-related decisions.
Some examples of gender identity and expression discrimination include, but are not limited to:
When you choose to bring your claim for gender identity and expression discrimination against your employer, you are looking for compensation. Should you win your case, you may receive the following remedies from the court:
The laws not only protect you from discrimination in the workplace. They also protect you against retaliation, such as demotions, negative performance reviews, wrongful termination, and shift changes based on your gender identity or expression. Furthermore, you cannot get fired from work or retaliated against because you choose to speak up against workplace discrimination.
Federal laws require you to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a federal court complaint. You must file your charge within 180 days to 300 days, depending on your state.
State laws, however, provide different statutes of limitations. Some states provide a timeframe of 180 days. Others insist you file your claim within a few years. Consult a discrimination lawyer to determine the best laws for your case and ensure you file your claim within the proper time limit provided by law.
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
The court system takes time. You may work out a settlement with your employer before you file your claim with the appropriate agency or court. In that case, you may receive your settlement within 4 to 6 months of speaking with your attorney.
However, most times, the lawsuit gets filed before employers agree to negotiate towards a settlement. Settlement negotiations can take months to even years. You and your employer may reach a settlement at any point before the court enters a final judgment.
In June 2020, the Supreme Court decided gender identity is protected under sex and gender rights as provided under Title VII of the Civil Rights Act of 1964. Title VII prohibits employers and companies from discriminating against employees based on gender identity and expression. Employees working with companies with 15 or more employees are protected from discrimination based on their gender identity and expression.
Many states also maintain laws that protect employees from discrimination based on gender identity and expression. The following state and municipal laws protect employees from discrimination based on gender identity and expression:
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.