Do transgender workers have protections in Kentucky?

On Behalf of | Mar 31, 2023 | Sexual Orientation/Transgender Rights |

Ideally, companies would treat all workers fairly, and they would not discriminate on any grounds. In reality, this does not always happen, so laws and regulations have had to be made to prevent this type of discrimination. That’s why it is illegal for people to discriminate on the basis of age, race or religion, for example.

Gender is also one of the areas in which discrimination is prohibited. But does this apply to transgender workers in Kentucky? Do the thousands of workers who fall into this category have any level of protection from discrimination, or are employers allowed to use their gender identity as a reason not to hire them, not to give them promotions, to pay them less than their co-workers and things of this nature?

Kentucky doesn’t have a state law

First and foremost, there is no state law in Kentucky saying that transgender workers should not be discriminated against. Some other states have put these protections into place, but Kentucky has not done so at this time.

However, in the absence of a state law, states still have to follow federal restrictions. The Supreme Court has already ruled on this. They have determined that transgender workers are included in federal protections against gender discrimination. In the same way, that you cannot discriminate against cisgender female employees, employers cannot discriminate against transgender workers. Employers in Kentucky still have to follow these regulations even though there is no state law.

In some cases, employees may feel that they are nonetheless being discriminated against. If you find yourself in this position, be sure you know what options you have.



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