Gender Identity Discrimination in the Workplace: Know Your Rights

This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 3/30/2026.

LGBTQ discrimination in the workplace is all too common. In fact, as many as 39% of LGBTQ workers who are out at their jobs said they experienced some form of discrimination, according to a UCLA Williams Institute study. Despite this troubling reality, you are legally protected from discrimination when expressing your gender identity. So if you’ve faced gender identity discrimination, you don’t have to accept it.

Speaking with an experienced employment discrimination lawyer can help you understand your rights and determine the best path to pursue a claim under state and federal law, if applicable. Michelle Cimino will make sure your rights are honored to the fullest extent of the law.

What Is Gender Identity Discrimination?

Gender identity discrimination is a type of discrimination based on your gender, often affecting those who identify as transgender or nonbinary. Today, New York law treats discrimination based on gender identity as a form of sex discrimination in most employment contexts.

New York State Human Rights Law expands on the federal Title VII of the Civil Rights Act of 1964. This landmark act made it unlawful for employers to discriminate on the basis of sex, among many other “protected classes,” shielding individuals from harassment, pregnancy discrimination, and unfair compensation for the same work and qualifications.

In 2019, New York State amended its law to add protections against discrimination based on gender identity through the Gender Identity Non-Discrimination Act (GENDA). This law explicitly includes gender identity or expression as a protected class against discrimination in employment, housing, credit, education, and public accommodations.

Examples of Gender Identity Discrimination in the Workplace

Civil rights laws bar discrimination across the gender spectrum. But unfair treatment targeting trans and nonbinary folks might look different compared to what cisgender people experience (cisgender refers to a person whose gender identity aligns with the sex they were assigned at birth).

Instances of gender identity discrimination in the workplace include:

• Harassment: being subject to verbal abuse and slurs, persistent misgendering, dead-naming, or sexual harassment tied to your gender identity
• Restroom restrictions: barring the use of restrooms consistent with your gender identity
• Restrictive dress codes: having to wear sex-specific uniforms that contradict your identity or expression
• Unequal treatment: experiencing harsher discipline than your cisgender or non-LGBTQ employees
• Wrongful termination: being fired upon planning to transition or because of gender-affirming actions

If you’ve struggled with any of the above, you may be able to take legal action. By speaking to a trusted gender identity discrimination expert, you can better understand your legal options and how to pursue justice.

Taking Action After Unfair Treatment

After experiencing unfair treatment in the workplace, you should speak with an experienced discrimination attorney like Michelle Cimino. She can help you file a formal complaint with the New York State Division of Human Rights (NYSDHR) and, when possible, the Equal Employment Opportunity Commission (EEOC).

First, Michelle will direct you to collect key evidence, such as emails, witness statements, and time logs, to document the discrimination you faced.

Then, she’ll help you file your claim with the NYSDHR and clarify the strict deadlines you need to meet. For most workplace cases in New York, you have up to three years to file. But other claims have shorter time limits.

When you file a claim, the state can cross-file it with the EEOC to start a federal process if it applies to your situation. Michelle will ensure this happens smoothly.

If your case is successful, you could receive damages such as:

• Back pay for previous lost wages and benefits
• Reinstatement following wrongful termination
• Front pay for future lost wages if reinstatement isn’t possible
• Non-economic damages for emotional distress
• Mandated policy changes and training in your workplace

You may also be eligible for attorney’s fees and, in some instances, punitive damages. Once Michelle learns more about your circumstances, she’ll clarify which remedies may apply.

Regardless of your gender identity or any other LGBTQ status, you deserve to feel safe and respected at your workplace. If you’ve faced discrimination on the basis of your gender identity, you shouldn’t go through the legal process alone. Michelle Cimino will help you build a strong discrimination claim, seek damages, and even push for workplace policy changes and training to address the hardship you experienced.

Book a Confidential Consultation

New York law protects employees from workplace discrimination based on gender identity. If you’ve faced unjust treatment in the workplace, you may have a path to justice and compensation. By opening a discrimination claim with the New York State Division of Human Rights, you may be able to pursue both economic and non-economic damages related to the discrimination you experienced.

Michelle Cimino is an employment discrimination attorney with over 20 years of experience advocating for her clients’ well-being. She believes everyone, regardless of gender, deserves a safe work environment and fair employment practices. That’s why she wants to support you in your gender identity discrimination claim.

To take the next step, book a confidential consultation today.