This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 5/25/2026.
Federal and state laws provide workplace protections against discrimination based on protected classes, including transgender and gender-nonconforming individuals. But maybe you believe an employer didn’t hire you after learning of your gender identity. Or perhaps peers consistently deadname you at work. That treatment may be illegal under civil rights laws. So, if any of this sounds like what you’ve faced, take a moment to learn about transgender rights in the workplace.
If you think you’ve experienced discrimination in the workplace, you can take action by filing a discrimination claim with the support of a Rochester workplace discrimination lawyer like Michelle Cimino.
What Laws Protect Transgender Rights in the Workplace?
Several key laws protect transgender rights in the workplace. In many cases, it’s unlawful to treat someone worse just for being trans or gender-nonconforming in hiring, promotions, daily conduct, and termination.
Title VII of the Civil Rights Act
Title VII is the federal law that bans sex discrimination in employment. In 2020, the U.S. Supreme Court ruled that protections against sex discrimination in the workplace also applied to gay and transgender workers. This means that firing or disadvantaging someone because they are transgender counts as discrimination on the basis of sex under Title VII. The ruling allows trans and non-binary workers to challenge discriminatory hiring, firing, promotion, or other job decisions across the U.S.
Federal law prohibits disparate treatment, or intentional discrimination. However, in some instances, it may include disparate impact—neutral-looking policies, procedures, and actions that disproportionately harm a protected group.
This federal protection means you have the ability to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). But your protections go even further under state law.
New York State Human Rights Law
The New York State Human Rights Law (NYSHRL) is our state’s main anti-discrimination law, specifically addressing employment discrimination based on sex. Unlike Title VII, which generally applies to employers with 15 or more employees, the NYSHRL applies to all employers. The Gender Expression Non-Discrimination Act, known as GENDA, amended state law to explicitly protect transgender and gender-nonconforming individuals.
State law also builds on federal law, explicitly codifying protections against disparate treatment and disparate impact in SB 8338, which was signed into law on December 19, 2025, and applies to alleged instances of discrimination after that date. Under the New York State Human Rights Law, an employment policy or practice may be unlawful if it has an actual or predictable discriminatory effect on a protected group, even when the employer did not intend to discriminate.
Examples of Discrimination Against Trans Workers
If you’re trans or gender-nonconforming, you may be wondering what counts as discrimination. Here are a few examples of behaviors that may violate your rights:
- Receiving job rejections or missing out on promotions because you are seen as not conforming enough to a gender stereotype.
- Being terminated soon after disclosing your gender expression, especially if the explanation is vague or inconsistent.
- Experiencing a hostile work environment through persistent misgendering (use of incorrect pronouns) or persistent deadnaming (use of your former name) after you raised the issue.
- Facing unwanted sexual advances or remarks related to your gender expression.
If you’ve experienced any of these actions, speaking to an experienced gender identity discrimination lawyer like Michelle Cimino can help you understand the next steps.
What To Do if You Experience Workplace Discrimination
If you believe you’ve faced discrimination at work because of your gender identity or expression, speak to an attorney like Michelle Cimino. Enlisting support early can help you navigate the process and improve your outcome.
- Document everything. Write down as many details as possible about the events that occurred and who was involved. Save emails, text messages, performance reviews, and any other evidence that creates a paper trail. Witness statements can also be valuable.
- Report it internally, if possible. If your employer has a complaint process, go through it. Keep a record of when you reported the issue and how your employer responded.
- File a discrimination claim. In New York, you generally have up to three years to file with the State Division of Human Rights or through court in most cases. The EEOC, which processes federal claims, has a separate 300-day deadline.
Depending on the facts of your case, you may be eligible for compensation such as:
- Back pay for lost past wages
- Front pay for lost future wages
- Money for emotional distress
- Reinstatement or promotion
You don’t have to figure this out alone. Michelle Cimino wants to support you through this process. She has over 20 years of experience supporting LGBTQ+ clients facing employment discrimination.
Learn More About Transgender Rights in the Workplace
Several state and federal laws offer key protections for transgender rights in the workplace. If you believe your employer or work environment failed to honor your rights, it’s better to act early. Prompt action helps preserve evidence and protect your ability to file a claim before the deadline.
Michelle Cimino is an employment discrimination lawyer with a special focus on LGBTQ+ discrimination, including trans and gender-nonconforming workers. She can help you understand the legal process of filing a claim so you can seek fair compensation for what you’ve been through.
Schedule a confidential consultation.
