Employment Discrimination Affecting Transgender Job Applicants and Employees
Transgender job applicants and employees face significant discrimination in employment. According to recent research from the Williams Institute at UCLA School of Law, more than 80 percent of transgender employees “have experienced discrimination or harassment at work at some point in their lives.” Nearly 50 percent have experienced discrimination or harassment in the last year alone. Those forms of discrimination range from verbal and physical harassment to denials of benefits to termination. Job applicants who are transgender also experience discrimination and are not hired for various positions. Many of those individuals who have been the targets of employment discrimination are also taking steps to hide their identities from coworkers and are not out at work. In short, you do not need to be out, or be open with your identity, to face discrimination.
Transgender job applicants and employees in South Florida have rights against discrimination, and it may be possible to file a claim. Our Palm Beach Gardens employment discrimination attorneys can explain in more detail.
Bostock v. Clayton County, Georgia and Transgender Protections Under Title VII
Discrimination against transgender job applicants and employees is unlawful under Title VII of the Civil Rights Act of 1964, a federal law that prohibits various forms of employment discrimination. The US Supreme Court ruled that Title VII applies to LGBTQ job applicants and employees as a form of sex discrimination, including transgender job applicants or employees.
In Bostock v. Clayton County, Georgia (2019), a series of cases went to the Supreme Court in which an employee was fired for being homosexual or transgender. The Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.” The Court clarified that Title VII’s prohibitions against sex discrimination extends to protects against discrimination for sexual orientation and gender identity, including being transgender.
What You Should Do If You Have Faced Employment Discrimination Based on Transgender Status or Identity
Title VII applies to employers with 15 or more employees, but you may still have options even if a smaller employer engaged in discrimination. Title VII protects job applicants and employees, and it extends to harassment and other adverse actions or behaviors.
If you face any kind of discrimination, it is important to keep any records and notes, including any communications related to the discrimination. A lawyer can help you to determine your eligibility for filing a claim and any relevant evidence that can be used to support your case.
Contact a Palm Beach Gardens Sex and Gender Discrimination Attorney for Assistance with Your Case Today
If you have experienced discrimination as a transgender job applicant or employee in South Florida, it is important to seek legal advice as soon as you can. Depending on the size of the employer, you may be able to file a claim under federal or state law as a sex discrimination claim. Nobody should have to face discrimination because of who they are, and one of the experienced Palm Beach Gardens sex and gender discrimination lawyers at Sconzo Law Office is here to assist you. Contact our firm today to find out more about how we can assist you with your case.
Sources:
supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
williamsinstitute.law.ucla.edu/press/trans-workplace-press-release/