Transgender Discrimination

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Transgender Discrimination in the Workplace

Transgender Employees Have the Right to Work without Fear of Discrimination.

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.

What Is Discrimination Based on Transgender Identity?

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.
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If you experience any of these workplace punishments, contact a transgender discrimination lawyer.

What Does Transgender Discrimination in the Workplace Look Like?

Some examples of transgender discrimination may include, but are not limited to:

  1. You are a transgender female. Your boss knew you as a male. He refuses to use your proper pronouns of “she” and “her” when referring to you.
  2. You apply for a job. You are in the process of transitioning. The interviewer comments on your appearance, and you tell her you are a transgender male. She does not continue the interview and does not offer you the job.
  3. The bathrooms in your workplace are marked “Men” and “Women.” The employee manual states that you MUST use the bathroom related to your birth gender.
  4. Your coworker knows you identify as nonbinary. You request that he use the pronoun “they” or “them” to refer to you. Your coworker refuses and laughs at you every time you correct him.
  5. You do not always dress for your gender. You are a heterosexual male that happens to enjoy wearing eyeliner and nail polish. Your boss writes you up for not dressing in line with your gender. He tells you that you will get fired from work if you keep it up.

What Laws Protect Against Transgender Discrimination in the Workplace?

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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:

  • New York City Transgender Employee Protections

New York City passed the Gender Identity Non-Discrimination Act. This law specifically prohibits employers from making any negative employment decisions or harassing employees or job applicants who are transgender.

  • New Jersey Transgender Employee Protections

New Jersey’s Law Against Discrimination was amended in 2006 to include gender identity or transgender employees as a protected class. This amendment expressly prohibits employers from discriminating against transgender employees or applicants.

  • California Transgender Employee Protections

California passed the Fair Employment and Housing Act in 2004, which prohibits transgender discrimination in the workplace. 

  • Philadelphia Transgender Employee Protections

Philadelphia’s LGBTQ Equality Bill protects the rights of transgender employees in the workplace, including the right to their gender expression and legal name change on all employment records and documents.

  • Miami Transgender Employee Protections

The Miami-Dade Human Rights Ordinance protects transgender employees from any discrimination and harassment from a Miami-Dade County employer.

When Should I File My Lawsuit for Transgender Discrimination in the Workplace?

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.

What Is the Typical Transgender Discrimination Lawsuit Worth?

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.

Why Should I Hire a Transgender Discrimination Lawyer?

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.
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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.

Contact Our Experienced Transgender Discrimination Attorneys for Your Free Consultation

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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