About 75 percent of transgender workers have experienced discrimination in the workplace in some form or another.
There are many states and municipalities as well as employers have developed policies and laws to put a stop to transgender discrimination, but there are places that don’t offer these specific protections. You may suffer from transgender discrimination in different forms. You may be fired without legitimate cause.
You could be denied employment because of being transgender. You may not receive equal pay because of being transgender. Any of these are examples of being discriminated against for being transgender.
If you are talked about, harassed, or if inappropriate jokes are made referring to those who are transgender, you are a victim of workplace discrimination and harassment.
You need to properly document these events so you can make sure you have supporting evidence for your claim and that you can prove that you were a victim of these behaviors.
Usually, the first step in a claim is to notify human resources and file a complaint within the company. They are supposed to investigate and take action, but sometimes that is delayed, or claims aren’t taken seriously.
That is why you should enlist the help of an employment law attorney. A lawyer understands how the laws work and how you can proceed with a claim against your employer. Your attorney will also help you with any complaints filed.
What To Do If Experiencing Discrimination At Work For Being Transgender
If you are transgender and you believe that you are being discriminated against because of that, you will need to pay close attention at work, gather supporting evidence and documentation. Keep any memos, emails, correspondence, voicemails, and so forth that show how you were mistreated and how it relates to you being transgender.
You will need as much supporting evidence as possible, so write down any incidents that you suffer, comments that were made, and so forth so you can detail how this was an ongoing issue that culminated in the end result.
You will want to provide as much detail as possible, so you can show that this was an ongoing problem and was intentional.
You should ask any witnesses to provide written statements that detail what was said, what happened, and how you were mistreated for being transgender. The more supporting documentation that you can provide, the stronger your claim will be against your employer.
You will need to file a complaint with your company’s human resources department. This complaint will need to follow certain procedures based on the state and local laws as well as the company’s required procedures.
You will need to make sure you have everything in order and the supporting evidence to show that you were a victim of workplace discrimination.
Next Steps to Take
If you have been the victim of transgender discrimination, you should consult with an employment law attorney. Depending on where you are working, you may be protected by state laws or by company policies that prevent mistreatment for those reasons. The Supreme Court has not ruled regarding transgender rights, so the laws vary significantly depending on jurisdiction.
A Connecticut court ruling determined that transgender people are protected by conventional sex discrimination laws.
That ruling was made in 2000, but in 2011, a separate law was passed to define anti-discrimination protections that are offered based on the gender identity of the individual.
When you consult with an employment law attorney, you need to discuss their payment and how it will be made. Many employment law attorneys work on a contingency basis, which means that they will not require payment upfront.
Instead, they will not be paid until your claim has been won and you recover damages through a judgment or a settlement. At that time, they will receive a percentage of what you recover.
There is a statute of limitations or a time limit for pursuing a discrimination claim against your employer. Complete the Free Case Evaluation Form on this page to share the details with an attorney who will handle employment law matters in your area.
