Transgender individuals often face a range of challenges at work. And, oftentimes, people who are transgender are the victims of wrongful termination.
Unfortunately, some employers strive to guard themselves against wrongful termination claims by forcing transgender employees to resign instead of firing them. If this has happened to you, you may have legal options available to you.
What Is Forced Resignation?
Forced resignation occurs when an employer who doesn’t wish to fire an employee, but does wish to get rid of them, pressures the employee to resign voluntarily.
There are instances in which an employer may have valid reasons for doing so. For instance, perhaps an employer has learned that an employee is unlikely to succeed in their role, but in an attempt to not harm that employee’s potential future job prospects by terminating them, the employer might pressure the employee to resign. The idea is that, when an employer does this, the employee who was forced to resign doesn’t have to explain a firing when interviewing for positions with new employers.
However, forced resignation can also be a way for employers to protect themselves when their reasons for wanting certain employees gone are illegal. This is a form of wrongful termination.
What is Transgender Discrimination?
Transgender discrimination or gender identity discrimination in the workplace refers to treating an employee unfairly because they are transgender or gender non-conforming. Employees who are forced to resign due to their gender identity are victims of gender identity discrimination.
Title VII of the Civil Rights Act of 1964 as well as the Americans with Disabilities Act (ADA) prohibit transgender discrimination and gender identity discrimination in the workplace. As such, if you suspect an employer has forced you to resign because of your gender identity, you may file a claim with the Equal Employment Opportunity Commission (EEOC).
What To Do If You’re Forced to Resign Due to Gender Identity
When filing a claim with the EEOC, it is important to provide evidence supporting your allegations against an employer. Steps to gather evidence of gender identity discrimination and wrongful termination include the following:
- Keeping a log in which you describe instances of transgender discrimination
- Gathering documents and documentation such as emails, performance reviews, chat logs, voicemails, etc.
- Listing the names and contact information of witnesses
When filing an EEOC claim, you should strongly consider reviewing your case with an attorney. This is because, being able to prove forced resignation can be quite difficult. As such, it is often helpful to have assistance from a professional who understands how to build a wrongful termination case.
Get Help With Your Forced Resignation Claim
Research indicates that transgender discrimination and gender identity discrimination in the workplace continue to be significant problems. You may have experienced this form of discrimination if you have been forced to resign due to your gender identity.
It is wise to enlist the help of a legal expert in these circumstances. For more information, complete the Free Case Evaluation on this page to get connected with an independent, participating attorney who subscribes to the website.
