If you believe you were wrongfully terminated because you are transgender or because of your gender identity, you can file a claim against your employer. You will need to gather supporting evidence and documentation and be sure to get statements from any witnesses. Here is how to prove you were wrongfully terminated for being transgender and how to get your claim underway.
Proving Wrongful Termination Due To Being Transgender
You will need to prove that your termination was because of discrimination for your gender identity and that it violated laws, such as Title VII of the Civil Rights Act of 1964. You will most likely need to show that there was a pattern of discrimination. If you can prove you were subjected to inappropriate treatment or comments simply because of you being transgender, or if other people – past or present employees – have been subjected to the same treatment, this can help improve the validity of your claim.
Evidence To Prove Wrongful Termination
To have a successful wrongful termination claim against your employer, you must have supporting evidence and documentation. This could include your employee handbook, your employment contract, statements from witnesses, photos, audio recordings, videos, memos, emails, text messages, and other correspondence. Be sure to get all the evidence and that you can together. This could include a journal documenting what happened.
Be sure to make note of everything that involves transgender discrimination. Be sure to write down every detail, including date, time, location, and who was there. You need all the supporting documentation that you can to prove there is an ongoing pattern of this kind of behavior and discrimination because of being transgender or based on gender identity.
Situations Where Wrongful Termination May Occur
There are many ways in which wrongful termination may occur because of transgender discrimination in the workplace. As an example, if you had been subjected to ongoing harassment because of being transgender and you had filed a claim for the ongoing harassment. Another reason would be for being a witness in another claim filed by a coworker. You may have suffered wrongful termination because of your discrimination claim against your employer.
If your state has state laws that apply, be sure to get your claim filed with the state agency within a timely manner. You have 180 days from the date of termination to get a claim underway with the Equal Employment Opportunity Commission (EEOC).
Get Legal Representation
If you are a victim of wrongful termination for being transgender, you should enlist the help of an experienced employment law attorney. A lawyer will be familiar with the state and federal laws that apply, can help you gather your supporting documentation, and make sure everything is filed in a timely manner. Some attorneys require a retainer while others take wrongful termination cases on a contingency basis. Complete the Free Case Evaluation Form to share the details with a wrongful termination lawyer who represents clients in your area.
