Transgender rights and sex discrimination in the workplace have become increasingly prominent issues in recent years. It is essential for workers and employers to understand the challenges that transgender individuals face and the legal protections available to them. In this article, we will discuss the legal framework and protections, occupational challenges for transgender workers, and the role of employment law attorneys in defending their rights.
Recognizing Sex Discrimination and Transgender Discrimination
Transgender individuals identify with a gender different from their assigned sex at birth. Discrimination against transgender individuals often occurs based on their gender identity, rather than their biological sex. This can take the form of non-equitable pay, harassment, and being passed over for promotions.
Legal Framework and Protections
Transgender employees have legal protections under federal, state, and local laws. Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC), the federal agency who enforces Title VII, has expanded the definition of “sex” to include gender identity, safeguarding the rights of transgender people. Since 2011, the EEOC recognizes that discrimination against someone for being transgender is sex discrimination. For more information on the EEOC’s guidance regarding sexual orientation and gender discrimination (SOGI), visit their page detailing the law.
The Supreme Court confirmed these rights in the 2020 Bostock v. Clayton County case. In Bostock, the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex. The Court reached its holding by focusing on the plain text of Title VII. As the Court explained, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”
Some states have additional protections. In Minnesota, the Minnesota Human Rights Act (MHRA), local laws and ordinances can offer other avenues to hold employers accountable for employment discrimination.
Occupational Challenges for Transgender Workers
Despite these legal protections, transgender individuals still face challenges in the workplace. These include access to appropriate facilities, appearance and dress policies, misgendering and harassment, and bias in hiring and promotions. “Dead naming,” or calling a transgender person by their pre-transition name, can also be a form of workplace harassment.
The Role of Employment Law Attorneys
Employment law attorneys can help transgender individuals defend their rights in the workplace. They can evaluate their case, file official complaints, represent them in court or mediation, and ensure that their rights are respected.
Employers can promote an inclusive workplace culture by providing diversity training, enacting inclusive policies, and addressing incidents of discrimination or harassment.
Conclusion
Transgender individuals have legal protections in the workplace, but they still face occupational challenges. Employment law attorneys can help them navigate the legal system and defend their rights. Employers must create an equal work environment for all employees by promoting best practices and investigating incidents of discrimination or harassment.
Contact an Experienced Minnesota Civil Rights Attorney
Employment and civil rights attorneys who focus their practice in employment law can be invaluable for their advocacy and representation. To negotiate the complexity of the law and enforce your civil rights, you need to consult a discrimination attorney. The outcome of your case may be significantly affected by this.
Employment law lawyers can draft and prepare charges of discrimination to file with the EEOC or Minnesota Department of Human Rights. The best legal strategy depends on individual circumstances. An employment law attorney can also represent you in court or during mediation or arbitration, ensure your rights are upheld and fight for the best result.
Fostering an inclusive employment atmosphere requires understanding the legal protections available to transgender employees and the difficulties they can experience in the workplace. Transgender people can negotiate the legal system’s complexity and defend their rights by hiring an experienced attorney. To provide equal work environment for everyone, employees and employers need to learn about the rights and protections granted to transgender people.
If you feel you have experienced employment discrimination because of your gender, call us at (612) 294-2200. An experienced Minnesota employment lawyer will review your case to determine what can be done to hold them accountable.
