Being transgender in the United States comes with its challenges. Unfortunately, not everyone is welcoming and accepting; some people are hostile or violent. Being a transgender employee often means an employer will be discriminatory, despite the law protecting you. Our Rochester transgender rights attorney is dedicated to protecting your rights as a transgender employee.
Please do not wait to reach out to our office if you believe your employer is acting illegally. We can help you determine if you have a claim.
The Human Rights Campaign provides a glossary of terms that can help you understand a discrimination or harassment claim. Please keep reading to learn the official definition of the terms often involved in employment cases handled by our Rochester transgender rights attorney.
Transgender is a term that can be used to describe a person who has a different gender identity or expression that differs from what society expects of them based on their birth-assigned sex.
The sex you were assigned at birth does not necessarily reflect who you are. When you do not identify or express yourself as your assigned sex, you are considered transgender. If you do identify or represent yourself as your assigned sex, you are considered cisgender.
Transgender is not linked to sexual orientation.
To better understand the term transgender, let’s discuss gender identity. Human Rights Campaign defines gender identity as how you conceptualize your innermost self. People can identify as male, female, or both, and your gender identity may or may not match your assigned sex.
Gender expression is how you appear to others. Someone whose gender expression does not match their assigned sex may dress, behave, or talk in a non-conforming way. Again, gender expression may or may not match your assigned sex.
For transgender people to live more authentically, they may transition. There are several ways someone may transition. They may go by different pronouns, a different name, undergo surgery, or hormone therapy. Transgender people may not do any of the transitions mentioned above.
Examples of Cases a Transgender Rights Attorney Handles
The following are examples of cases in which an employee should retain a transgender rights attorney:
An employee worked at a company for nearly ten years when they sat down with their boss and came out as transgender, saying they would be using she/her pronouns and go by a new name. Her boss was uncomfortable with having a transgender employee and terminated her. The law protects transitioning employees, and employers are not allowed to terminate them because they do not fit societal concepts of sex.
After years of being laughed at, joked about, and misgendered by her boss and coworkers, an employee left her job. The workplace was a hostile environment she did not feel safe in. She lost her gainful employment and benefits and had to use her 401K to get by after leaving this job, but she could not handle the constant discrimination her employer allowed and took part in.
Employers cannot fire, hire, demote, or promote their employees based on their gender identity or expression. Further, they cannot discriminate against transgender employees based on their non-conformities with social constructs of sex and gender.
Request Your Consultation Today
Our Rochester transgender rights attorney is a fierce defender of her client’s rights. If you want to meet with attorney Michelle Cimino to discuss your case, feel free to call us immediately to request your confidential consultation. Employers do not always act according to employment laws. Let us help you hold them accountable. We are here to help you get justice.