Transgender employees are protected by federal and state employment laws, and their right to fair treatment in the workplace is not optional. It is the law.
However, despite increasing awareness and legal protections, transgender workers still face discrimination, harassment and barriers to advancement in many workplaces. If you are a transgender employee, it’s important to know your rights and what steps you can take if they are violated.
Federal protections
Under Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court in the landmark case Bostock v. Clayton County (2020), discrimination based on gender identity is considered a form of sex discrimination. This ruling means that it is unlawful for an employer to fire, refuse to hire, demote or otherwise discriminate against a worker simply for being transgender.
This protection applies to all aspects of employment, including hiring, firing, promotions, compensation and workplace conditions. For example, employers may not impose different standards or deny access to facilities such as restrooms or locker rooms based on a person’s gender identity.
Harassment and hostile work environments
Transgender workers also have the right to work in an environment free from harassment. This includes protection from inappropriate jokes, slurs, intrusive questions and repeated misgendering. If a coworker or supervisor creates a hostile work environment based on your gender identity, your employer has a legal obligation to take appropriate corrective action. Employers who fail to address this type of conduct can be held liable under federal law. Additionally, retaliation against an employee who reports discrimination or harassment is also illegal.
If you believe your rights have been violated, document everything, including dates, times, conversations and actions taken. Report the issue through your employer’s internal complaint process and consider seeking legal guidance to better protect and assert your rights.
