Employment discrimination is tough for anyone. When an employer fires someone because of who they are rather than the work they do or singles them out for special mistreatment, or when co-workers go out of their way to make the employee feel uncomfortable because they are different, going to work each day becomes drudgery. One survey of transgender people shows that at least one out of five experience some form of employment discrimination.
Employment Discrimination and the Law
The Civil Rights Act of 1964 prohibits discrimination based upon, among other things, gender. This applies equally to men and to women, including transgender men and women. It matters not where the person works. Nor does it matter if those who work with this person cannot come to terms with their gender identity. All that matters, is that discrimination against someone because of their gender is illegal.
In a National Center for Transgender Equality survey, 63 percent of respondents reported serious discrimination, whether on the job or elsewhere. Discrimination was reported at every level of society from doctors to emergency rooms, social workers to employers, by judges, landlords, police, and even their own families.
Some, however, have experienced the opposite, finding that employers are happy to hire and retain them, but these are in the minority of those reporting. Some of the most common ways that transgender people face discrimination from employers are:
- Pre-hire: Although the law does not require a transgender person to self-identify, background checks and other means provide employers with the information that the applicant’s gender identity has changed. An interviewer who was excited may suddenly become cool before deciding on another applicant.
- On-the-job: When a person begins to transition, co-workers and supervisors may begin treating them differently, some outright shunning them, making them feel uncomfortable, or overlooking them for promotions. This is discrimination and can lead to a hostile work environment.
Some of the other findings in the survey suggest that transgender employment discrimination is even more prevalent than indicated by the results. For instance, consider the following:
- Transgender people reported double the national average for unemployment rates. That figure was doubled again for transgender people of color.
- Ninety percent reported on the job harassment.
- Forty-four percent are underemployed.
- Seventy-one percent hide their gender transition to avoid discrimination on the job.
- Fourteen percent who transition are denied access to the restroom of their gender choice.
- Although only 26 percent said they had lost a job because of their gender transformation, 47 percent reported adverse job experiences such as not getting hired or being overlooked for promotions.
Chester County Discrimination Lawyers at The Gold Law Firm P.C. Fight Transgender Employment Discrimination
Chester County discrimination lawyers at The Gold Law Firm P.C. have fought employment discrimination for decades. We know that it happens every day and we know how to fight back. If you have been the victim of transgender employment discrimination or harassment on the job, contact us online or call 215-569-1999. We represent clients throughout the Greater Philadelphia area.
