Discrimination Against Transgender Individuals

Until recently, discrimination against transgender people was one of the most undeveloped areas of workplace equality laws. Sadly, many employers are ignorant when it comes to transgender individuals, leading them to make baseless assumptions and to have prejudicial beliefs against people who identify in this way. In other situations, coworkers may ignore an employer’s blatant discrimination and fail to support the victim or report the incident to the employer. Many incidences of discrimination in the workplace go unreported because the victim is afraid of the attention and backlash that may occur after bringing the incident to the employer’s or supervisor’s attention. At Phillips & Associates, our sexual orientation discrimination lawyers have helped many transgender individuals in New York City seek justice after suffering from hostile treatment in the workplace. 

State and Federal Protections for Transgender Workers

There are many situations in which it is clear that discrimination against a transgender person has taken place. In most instances, however, the discrimination is subtle and less easily identified. As with other types of discrimination, an employer is prohibited from treating an employee differently based solely on his or her identification as a transgender individual. This prohibition applies to all phases of the employment process, including hiring, job duty assignments, promotions, benefits, wages and salary, and disciplinary actions.

Unfortunately, many coworkers and supervisors engage in discrimination against transgender individuals. According to New York City law, an employer is prohibited from failing to take steps to address incidences of harassment perpetrated by a customer or colleague.

Currently, there is no federal law that specifically protects transgender individuals from discrimination in the workplace. This does not mean, however, that this group lacks any protections. There are many statutes and case law opinions that have been interpreted as providing protection to transgender individuals in the workplace.

The Equal Employment Opportunity Commission (EEOC), for example, is a federal administrative agency that promulgates and enforces workplace discrimination laws. According to the EEOC, discrimination against transgender individuals in the workplace is recognized as a form of gender discrimination that is prohibited according to the Civil Rights Act.

In New York, state courts have routinely held that discrimination is unlawful according to Human Rights Law. New York State is also in the process of enacting legislation that would prohibit gender identity discrimination in the state. Until the legislation passes, victims of wrongful workplace conduct can rely on a standing executive order that prohibits discrimination against transgender individuals who work in state government employment in New York.

Consult a Sexual Orientation Discrimination Lawyer in New York City

If you have experienced workplace discrimination as a result of your sexual identification, you may be entitled to compensation. At Phillips & Associates, our gender discrimination attorneys have advised numerous individuals across New York City, including in Staten Island, the Bronx, and Brooklyn. We understand how sensitive and personal this type of wrongful conduct can be. As a result, we treat every client with the compassion, care, and attention that they deserve and work hard to aggressively assert their rights. We offer a free consultation, so you have nothing to lose. Call us now at (866) 229-9441 or contact us online to set up an appointment.

• Dress Codes, Uniforms, and Grooming Standards
• Gender-Affirming Care and Employer Health Benefits
• Reasonable Accommodations for Gender Transition
• Remedies in Transgender Discrimination Cases
• Transgender Discrimination in the Hiring Process
• Use of Employee's Preferred Name, Pronoun, or Title
• Use of Single-Sex Facilities
• Wrongful Termination Based on Transgender Discrimination