Transgender Discrimination Remains an Issue in the Workplace

Recently, President Trump announced plans to ban transgender Americans from serving in the military, but it is unclear how this proposed law will affect the personnel currently serving. U.S. officials who are familiar with the White House memo state that transgender individuals who are currently serving will also be denied coverage for medical treatment regimens. Transgender individuals serving in the military are not the only ones affected by transgender discrimination – the National Center for Transgender Equality reports that more than one in four transgender people have lost a job due to bias.

According to a report co-authored by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, 97 percent of transgender individuals have been mistreated in some way at work. While no federal law currently exists prohibiting discrimination against transgender employees, federal courts have interpreted transgender discrimination in the workplace as a form of sex discrimination protected by Title VII of the Civil Rights Act of 1964. Also, 20 states and the District of Columbia have enacted explicit protections for transgender employees.

Discrimination Experienced by the Transgendered Community

Workplace discrimination against transgender individuals may include being denied access to appropriate bathrooms and not being allowed to interact with clients. Many transgender individuals experience discrimination during the interview process and subsequently face double the general unemployment rate. Transgender employees often do not feel comfortable in being open at work for fear of being shunned or not offered opportunities for advancement.

Many LGBT individuals eventually leave their workplaces due to unwelcoming environments. The Level Playing Field Institute reports that over two million people leave the workplace each year due to such unfairness, which costs U.S. employers $64 billion a year. This is one of the reasons transgender individuals are twice as likely to be unemployed or live in poverty than the general population, according to the executive director of the Transgender Legal Defense and Education Fund.

Employers Cannot Ignore the Issue

It is in employers’ best interest to address transgender individuals in their discrimination policies and implement appropriate protections. Employers should minimize both bias and claim exposure by promoting a safe environment for transgender employees. This can be accomplished by instituting inclusive policies such as non-stereotypical dress codes and procedures for employees to update personnel records so that they contain transgender employees’ new genders and new names. Managers should also be informed about the appropriate language regarding transgender identity and pass along this information to their staff.

The director of policy at the National Center for Transgender Equality urges transgender people facing discrimination to seek legal advice and to consider filing a complaint. Legal professionals can help employers determine what laws may be applicable and the extent of their liability. Victims may be entitled to compensation in the form of back pay, front pay, hiring, reinstatement to the position, and other accommodations.

Red Bank Employment Discrimination Lawyers at McOmber McOmber & Luber, P.C. Fight for Victims of Transgender Discrimination

If you have been the subject of workplace discrimination, contact a Red Bank employment discrimination lawyer at McOmber McOmber & Luber, P.C.. Our experienced attorneys can investigate and provide you with an assessment of your claim. Our litigation team is committed to working toward ending transgender discrimination and will fight for accountability and compensation.

We represent individuals throughout New Jersey, including those in Red Bank, Middletown, Cherry Hill, and Marlton. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation.