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Transgender discrimination occurs when employers make negative employment decisions against an employee or job applicant because of their gender identity.
Transgender employees identify with a different gender than their assigned birth gender. Gender identity should never open the door for employment discrimination.
Transgender discrimination in the workplace means your employer, CEO, coworker, supervisor, manager, client, customer, or non-employee refuse to acknowledge your gender identity and expression.
You may experience harassment or unfair employment decisions as the result of your gender identity or expression.
Sometimes, transgender discrimination can result in retaliation, such as wrongful termination, demotions, reduction in pay, or a negative employee review or write-up. If you experience any of these workplace punishments, contact a transgender discrimination lawyer.
Some examples of transgender discrimination may include, but are not limited to:
Transgender discrimination is considered a form of sex discrimination. Title VII of the Civil Rights Act of 1964 protects employees from any form of sex discrimination (including transgender discrimination). States also maintain laws to protect members of the transgender community in the workplace. To learn about your state’s rights, speak with a dedicated LGBTQ discrimination lawyer in your state.
Some examples of state laws protecting transgender employees are listed below:
When you experience transgender discrimination at work, you should contact an LGBTQ attorney as soon as possible. The laws provide a specific time limit (statute of limitations) to file your discrimination claim. Federal law requires you to file your claim with the EEOC within 180 days (300 days in some states) before submitting a complaint in federal court.
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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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All transgender discrimination claims are different. Therefore, there is no “typical” settlement. The courts will consider several factors when determining your compensation. They may insist your employer rehire you and change their policies to match the laws. They may also require your employer to reimburse you for your benefits, out-of-pocket expenses, and legal fees. Many times, they will award you for lost wages, pain and suffering, and emotional distress. Discuss your potential remedies with your employment discrimination attorney before drafting a demand letter for the courts.
Transgender discrimination is a developing area of law. The federal law only changed in June 2020 to address gender identity discrimination in the workplace. As a developing area of the law, it can be difficult to research your rights and know your rights at work and within the justice system. A transgender discrimination attorney can help you navigate the legal system to find the laws best suited for your claim.
They can help you understand your rights and fight for them. With their help, you will file your claim within the proper courts and agencies in the time frame allowed by law. They will help negotiate a settlement as quickly and fairly as possible. If your employer refuses to settle, they will stand by your side and advocate for your rights in court.
You have a right to live as a transgender person without discrimination or harassment at work. If you are the victim of transgender discrimination in the workplace, the experienced sex discrimination attorneys at the Derek Smith Law Group can help.
Were You Fired from Work, Retaliated Against, or Discriminated Against Because You Are a Transgender Employee? Do You Want to Know More About Your Rights as a Transgender Employee in the Workplace? Please Call Us at 800.807.2209 to Learn About Your Rights in the Workplace.
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