The Equal Employment Opportunity Commission (EEOC) oversees the laws that focus on sexual discrimination and harassment.
Title VII prohibits discrimination against an individual because of their gender identity, including sexual orientation or transgender status. Sexual discrimination involves treating someone unfavorably because of their sex.
If you are transgender and you have been sexually harassed at work, you do have protections and rights. There are resources available to help you during this challenging time and to put a stop to the mistreatment and actions.
The law forbids discrimination regarding any aspect of employment, whether it be pay, job duties, advancement, layoffs, training, hiring, firing, fringe benefits, and anything else that is a term or condition of employment.
How Someone May Experience Sexual Harassment At Work
Sexual harassment takes many forms, and some instances are more subtle and less noticeable. If you have been sexually harassed, you should take actions and file a complaint.
You may interview for a job and be qualified for the position, but during the interview, the interviewer could ask if you are transgender, or how you feel about those who are transgender, or imply that he or she has issues with individuals who are transgender. You were then turned down for the job.
You may already have a job, and you apply for a promotion. Your manager makes a comment that he or she has heard you are transgender and that they hope there is no truth to that rumor.
You confirm that you are indeed transgender, and you are not promoted despite your qualifications. Although you have been given positive employment reviews, you are suddenly terminated from your job within the next few weeks.
Sexual harassment could involve comments, or it could involve unwanted advances, threats, jokes, inappropriate gestures, sending sexual texts or messages, or showing you inappropriate photos or images.
Any of these things are considered sexual harassment, so you should do everything that you can to document these behaviors and actions.
Keep any photos, memos, emails, texts, and messages. Also, if there are any witnesses ask them for written statements regarding what they saw. Maintain supporting evidence and documentation, so you can show that you were a victim of these actions and behaviors.
The first step after the incident is to notify your employer. You will need to provide specific details about your incident – or the incidents if you have been harassed more than once. You will file your complaint with either a manager or with human resources. Keep proof that you notified them of the problem. You will want written documentation, such as a copy of the complaint or written receipt or response from the person that you file your complaint with.
Quid Pro Quo Harassment
Many workers are the victim of quid pro quo harassment. Quid pro quo sexual harassment occurs when you are offered something in return for a favor or advantage.
As an example, you are told you will advance in the company and get a higher rate of pay if you will date a manager, or if you will do sexual favors for a supervisor, you will get a better work schedule.
Quid pro quo harassment happens to a variety of employees – male, female, transgender, and so forth. Some employers may not consider it to be harassment, but the EEOC does and you can take action for it. It is inappropriate, and favors are not acceptable to request in return for regular promotions, pay raises, and advancement and so forth.
If it happens more than once, you will need to maintain evidence to support each instance. Your employer must take action, and if they don’t take your claim seriously you will want to advance your case on to the next level.
You will then advance your case with the EEOC. The EEOC will investigate your claim and work to resolve the matter.
The EEOC will determine if your claim is serious enough that you should pursue a lawsuit against your employer to recover compensation for your damages. There is limited time to pursue a claim against your employer after you have been the victim of sexual harassment.
How An Employment Lawyer Could Help
If you have suffered sexual harassment at work because you are transgender, you should enlist the help of an employment lawyer who handles sexual harassment claims.
To get your claim on track, complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who handles such cases in your area.
