Are You Experiencing Gender Identity Discrimination?
Your gender has nothing to do with your ability to be a productive employee. People of all gender identities deserve to be treated with respect and dignity in the workplace. Unfortunately, however, many backward-thinking employers do not provide their employees with the support and respect they deserve. If your employer has treated you differently or made you feel unwelcome at work because of your gender identity, you may be a victim of discrimination.
Most people know that sex discrimination is illegal. It has been prohibited since the Civil Rights Act of 1964. However, many people are unaware that gender identity is also protected under that same law, according to the Equal Employment Opportunity Commission. Transgender, nonbinary, and gender non-conforming individuals are entitled to the same workplace protections as members of any other protected class.
Types of Gender Identity Discrimination
One major type of discrimination is harassment. Harassment crosses the line into discrimination when it creates a hostile environment in the workplace. If your coworkers make inappropriate or offensive comments about gender identity that make you feel uncomfortable or unwelcome in the workplace, you may be experiencing hostile environment harassment. A hostile environment can also be created by the presence of offensive material, like images, drawings, or writings. It doesn’t matter whether the hostility is being caused by coworkers, supervisors, or clients. You have the right to work in a welcoming, respectful environment.
You are also legally protected from changes in your job status due to your gender identity. This protects you from discrimination in hiring, firing, promotions, job responsibilities, and any other areas that fundamentally affect the work you do each day. For example, your employer cannot fire you because of your desire or decision to transition.
One problem unique to gender identity discrimination is the use of pronouns. If your colleagues or supervisors intentionally refuse to call you by the name and gender pronouns that you prefer, you may be the victim of harassment.
You are also legally protected from harassment or discrimination on the basis of your sexual orientation. This includes your actual sexual orientation as well as your perceived sexual orientation. For example, if a colleague harasses you based on the mistaken belief that you are homosexual, you are still the victim of harassment, even if you identify as heterosexual.
Contact O’Connor, Parsons, Lane & Noble Today
We believe that employees of all gender identities deserve respect in the workplace. If you have experienced harassment or discrimination, you may be feeling overwhelmed, sad, or unsure of where to turn. Our team has decades of experience in employment law, and we can help you get the treatment you deserve.
You may also be entitled to financial compensation for lost wages or emotional damages sustained as a result of harassment. However, there is a relatively short statute of limitations on discrimination claims. As a result, it is important to contact an attorney right away to ensure the best possible outcome.
Contact the attorneys of O’Connor, Parsons, Lane & Noble today to discuss gender identity discrimination and potential negotiations. It is important to contact an attorney early to ensure the best possible outcome. Contact us online or call at (908) 928-9200 or 1-800-586-5817.