Unfortunately, transgender employees often face severe discrimination in the workplace based on either their gender identity or gender expression. If you have been the victim of trans discrimination in the workplace, you should contact an attorney.
Examples of Trans Discrimination
Transgender discrimination includes a wide range of offensive conduct. This includes things like intra-office speculation and false rumors about transgender employee’s gender identify. It can even extend to severe harassment, as well as physical or sexual assaults.
State Laws on Trans Discrimination
Many states, including Virginia, explicitly prohibit gender identity discrimination using one of three general approaches. Certain states like Iowa and New Mexico have laws that explicitly include gender identity as a protected characteristic. Other states prohibit sexual orientation discrimination and gender identity as included within the statutory definition of sexual orientation discrimination.
Understanding Your Rights
While federal law doesn’t explicitly prohibit gender identity discrimination, the EEOC has issued an opinion that employers that discriminate on the bases of gender identity are violating the prohibition against sex discrimination under Title VII of the Civil Rights Act of 1964. This came after the case of a transgender woman who was denied federal employment once an agency learned she had undergone a transition. While it is an EEOC opinion or decision, the federal judicial trend is toward finding that gender identity discrimination is a form of sex discrimination, which is prohibited under Title VII and other constitutional guarantees.
Disparate Treatment
Disparate treatment and disparate impact are prohibited. Disparate treatment cases involve intentionally discriminatory conduct by an employer. Disparate impact cases involve facially neutral employment policy or practice that nonetheless has a disproportionate effect on a group with a protected characteristic.
Virginia Lawyer for Trans Discrimination in the Workplace
If you have experienced discrimination or harassment due to your gender identity, please speak to attorney. You deserve equal opportunities and equal treatment in the workplace. Contact Cook, Craig, and Francuzenko today to speak to an attorney about your case.
