What Are Your Protections in the Workplace as a Transgender Individual?
Discrimination against transgender persons in the United States is a large and disheartening problem. From actual violence against transgender persons to bullying in schools and everything in between, one of the largest barriers that transgender people face are opportunities and equal status when it comes to employment. In fact, while the law requires that employers refrain from any sex-based discrimination, including sexual orientation discrimination based on transgender status, employers to not always adhere to protocol. Sexual harassment is also strictly prohibited by statute, and yet is engaged in by employers and other employees.
Common Forms of Sexual Harassment or Discrimination the Transgender Community Faces in the Workplace
Sexual harassment and sexual discrimination of a transgender person in the workplace may take place in a variety of forms. For example:
- An employer may deny, withhold, or reduce a transgender person’s assignments, promotions, pay, or benefits;
- An employer may fire or retaliate against the person upon learning of their transgender status;
- The employer or the employees may fail to respect the transgender person’s wishes, identifying them by their biological sex rather than their preferred sex; or
- Any other forms of harassment that are directly related to a transgender person’s sex, sexual identification, or sexual preferences that make the person feel uncomfortable or create a hostile work environment.
Unwanted sexual advances, asking for sexual favors, and any other physical or verbal actions that are inappropriate about a person’s sex are also harassment.
What Does the Law Say About Transgender Discrimination and Harassment?
Under Title VII, discrimination against a person because of gender identity or sexual orientation is a violation of the law, and can be penalized as such. Further, all types of sexual harassment are also prohibited. If you believe that your rights have been violated, you can protect yourself by filing a claim with the Equal Opportunity Employment Commission, or by filing a lawsuit against your employer for discrimination. If you have suffered any losses, such as lost wages, lost career opportunities, or emotional anguish as a result of discrimination, you have a right to seek compensation for these losses.
How Our Experienced Attorneys Can Help
At the law offices of Ricotta & Marks, P.C. our experienced sexual harassment lawyer NYC are outraged by the prevalence of discriminatory actions and harassment taken against transgender people in our community. If you are a victim of discrimination or sexual harassment in the workplace, and you believe that that discrimination or harassment is a direct result of your gender status/identification, you have the right to take action. We will help you to protect yourself and seek damages for your losses.
To schedule a free case review with our experience New York sexual harassment lawyer today, contact us online now. You can also call our offices directly.