Transgender individuals in the workplace are among those who experience unlawful harassment and discrimination because of who they are. Now, a research study in New York City details how transgender individuals are also more likely to be unemployed, adding to the challenges they face in the hiring process.
The New York City Anti-Violence Project (AVP) conducted a study released in December 2018, which found that those who identify as transgender are more than five times as likely to be unemployed than the general population. It also detailed that transgender people with college degrees are four times as likely to make below $30,000 annually. For those who are transgender people of color, the economic impact is also significant with respondents more likely to be making a salary under $10,000 per year. Among the other findings, many of those surveyed believe they experienced discrimination in the hiring process, which includes being asked for their gender identity at birth.
Protected Laws
State and federal laws that include Title VII of the Civil Rights Act of 1964 prohibit discrimination in employment. Every employee has the right to a workplace free of harassment and discrimination. Yet, according to another 2016 study, more than three-quarters of transgender people state they have been harassed or mistreated in the workplace.
Transgender individuals are those who live as a gender different than their gender at birth and can include both those who have undergone gender reassignment surgery and those who have not. Regardless, either expression of a person’s gender is protected in the workplace, as well as through other federal laws in housing and public accommodations.
Forms of Discrimination
Transgender harassment and discrimination can take many forms. It can include being denied a position or promotion, harassed based on identification as transgender, or receiving unwanted sexual advances or treatment. Employers are required by law to ensure equal treatment in the employment process and this includes prohibiting discrimination based on gender identity. Sometimes the treatment can be subtle with transgender employees stating they had to inform and educate colleagues; a role that an employer should be taking, along with educating staff about equal opportunity and types of illegal discrimination.
In some cases, discrimination can take place even before hiring, according to another project undertaken by the Office of Human Rights. They developed test resumes that gave indications the applicant was transgender and submitted them to various employers. The results of the fake resumes indicated in several cases a less qualified person was hired over the transgender individual.
Philadelphia LGBTQ Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Those Discriminated in the Workplace
For those who are facing the trauma of discrimination or harassment in a place of employment, our Philadelphia LGBTQ discrimination lawyers at The Gold Law Firm P.C. can help. We will advocate for your rights and defend transgender individuals from unlawful treatment in your workplace. Located in Philadelphia, we represent clients from the surrounding areas, including Bucks County, Chester County, Delaware County, Montgomery County, and throughout New Jersey. Please contact us for a free consultation via our online form or call us at 215-569-1999.
