Transgender rights in the workplace exist to protect this class of people who are frequently marginalized by society. If you believe your rights have been violated based on gender identity, please call our office to schedule a consultation with Rochester employment lawyer Michelle Cimino.
What Transgender Rights Means
According to the Human Rights Campaign, transgender is an umbrella term to describe people with different gender identities or gender expressions than the sex they were assigned at birth. Their identity may differ from cultural norms for the sex they were assigned at birth.
The Human Rights Campaign further describes gender identity as someone’s inner concept of gender expression, which may or may not differ from the sex they were assigned at birth.
There is no sexual orientation linked to being transgender, and Transgender people can have any sexual orientation.
Gender identity is a protected class under the Fair Employment and Housing Act. No employer is allowed to treat a transgender employee differently than cisgender employees as per their transgender rights in the workplace. Someone’s gender identity should play no role in how an employer hires, fires, promotes, pays, disciplines, etc.
You do not have to have undergone hormone therapy, surgery, or otherwise to be protected by the law. You can be in transition socially or physically and be protected by the Fair Employment and Housing Act.
Questions Employers Are Allowed to Ask
During the interview process, employers can ask standard questions about your employment history, references, etc. They can ask you about previous jobs you have had, your strengths and weaknesses, and your experiences. These are non-discriminatory questions they are likely asking every candidate for the position.
Types of questions employers are not allowed to ask include questions about your body, plans to get surgery, marital status, etc. Questions that imply they are trying to determine your gender identity are not permitted. These questions can violate a candidate’s transgender rights but are also inappropriate and make candidates uncomfortable.
Can A Dress Code Be Implemented?
Dress codes can be required so long as it is not in a discriminatory fashion. Every employee must have the same expectations for their dress code. Transgender rights would be violated if transgender employees were held to different standards for the company’s dress code policy.
For instance, if a worker comes out as transgender, they should be allowed to follow the dress code for whichever gender they identify with. If an employer forces them to follow the dress code for the opposite gender, that may warrant legal action
Employees with a unisex dress code are less likely to have to file a discrimination claim.
Transgender Rights Regarding Restrooms
Transgender rights in the workplace protect your rights when it comes to using restrooms, changing rooms, etc. Everyone in a workplace has a right to use these facilities based on their gender identity, even if that differs from their sex assigned at birth.
Employees who want more privacy when going to the restroom or changing room should be reasonably accommodated with a single, unisex stall.
Employees should not be forced to use a particular restroom or changing room based on their sex assigned at birth.
When to File a Complaint
If you believe your transgender rights have been violated at the workplace, we hope you reach out to our office as soon as possible to schedule a consultation with attorney Michelle Cimino.
You should schedule a consultation if you are:
- Being discriminated by your boss
- Not hired based on your gender identity
- Demoted because you are transitioning
- Being harassed by coworkers or superiors at work
Please get in touch immediately to learn if you should take legal action.
Please Schedule a Consultation with Our Rochester Employment Lawyer
Our Rochester employment lawyer Michelle Cimino would be honored to guide you to receiving justice for your claim. Please get in touch with our office to schedule a consultation as soon as possible to learn how you can get justice for your transgender rights claim.