In November, the Williams Institute at the UCLA School of Law published some depressing -- if sadly unsurprising -- statistics about transgender employees’ experience in the workforce. 82% reported encountering discrimination or harassment at some point in their professional lives. Nearly half (47%) experienced discrimination or harassment in the last year. Even in states like New York, which have robust laws banning discrimination and harassment based on gender identity, illegal conduct that targets trans workers remains a significant problem. If you have been refused employment, denied a promotion, fired, demoted, harassed, or otherwise mistreated at work because you are trans, you should speak to a knowledgeable New York gender identity discrimination lawyer about your rights and potential avenues for obtaining justice via civil litigation.
Sometimes, gender discrimination can be subtle, like a joke with multiple possible meanings or a veiled insult about your masculinity, femininity, or anatomy (e.g., “You’ve really got some balls...”).
Trans people, however, frequently encounter harassment and discrimination in the workplace that is far from subtle or nuanced. Such was the alleged gender identity discrimination case of one corrections officer working upstate.
The corrections officer, A.V., began his career with the New York State Department of Corrections and Community Services in 2012. At that time, he identified as a woman. The following year, he completed his physical transition. However, he did not announce at work that he identified as a man until 2018. In response, his coworkers referred to him using female pronouns, according to the officer’s lawsuit.
The alleged harassment went far beyond misgendering. A coworker allegedly chased him up a flight of stairs “while coworkers and supervisors continued to taunt and ridicule him about his gender identity.” Someone else allegedly “outed” A.V. as trans to the male inmates at the prison.
According to the lawsuit, the officer’s supervisors began assigning him to duties that were “demeaning, dangerous, or both.” Allegedly, the officer’s workplace condition ratcheted up his stress, leading to hypertension and a heart attack. Even after the officer’s post-heart attack leave of absence, his supervisors allegedly continued to put him in “physical jeopardy.”
After A.V. protested his assignment, his supervisors reassigned him. A.V. held the responsibility of working on prisoner logs. The supervisors, however, allegedly placed him in a room in the back of the prison that lacked running water and a usable bathroom and where “the floors, walls, and furniture were covered in bird feces.” According to the officer, the room also contained an insect infestation, black mold, and human feces.
Workplaces 'Permeated With' Discriminatory Conduct.
Those allegations were enough to defeat the department’s motion seeking dismissal of the officer’s complaint. The employer contended that much of what A.V. included in his complaint was too old, given that the law declared all acts occurring more than “300 days prior to plaintiff filing his discrimination charge with” the U.S. Equal Employment Opportunity Commission to be too old.
The court, however, rejected that argument. The judge pointed out that the law recognizes exceptions to the 300-day rule. One relates specifically to cases where the worker alleged a hostile work environment and occurs when the workplace is “permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive work environment.” The officer’s allegations, including that his supervisors assigned him “to an unsuitable workspace littered with feces and mold, [and] without any usable furniture, bathroom, or running water,” were enough to satisfy this legal standard and allow the employee’s lawsuit to continue.
Gender identity discrimination can take many forms, from misgendering and deadnaming to denial of access to single-sex facilities that match your gender identity to highly extreme and physical mistreatment (like unwanted touching or sexual assault.) Whatever the specifics of your situation, the experienced New York gender identity discrimination attorneys at Phillips & Associates can help. Our team understands how to manage and advance a gender identity discrimination case effectively, and we also recognize how personal and sensitive your gender identity lawsuit may be for you. Count on us to advocate for you zealously and thoughtfully at every step. Contact us online or at (833) 529-3476 to set up a free and confidential consultation.