The Stephens Law Firm Weekly

Topic of the Week  Gender Identity Discrimination

Gender identity discrimination in the workplace occurs when an employer discriminates against an employee because of their gender identity. Discrimination can include terminating a transgender employee after the employer finds out about the employee's gender identity or planned transition; denying a transgender employee access to workplace restroom facilities available to other employees; requiring a transgender employee to use a restroom not consistent with the employee's gender identity or presentation; harassing a transgender employee; permitting and/or refusing to investigate claims of harassment by coworkers and supervisors.

1. What federal law covers gender identity discrimination?

Currently there is no federal law that universally and explicitly provides protection for LGBT workers, and fewer than half of states have laws that protect workers based on sexual orientations and gender identity/expression. Discrimination based on gender identity is not specifically prohibited by the federal laws that generally apply to discrimination in employment. Discrimination laws specifically prohibit discrimination based on race, color, sex, religion, national origin, age, and disability.

2. What if my employer does not know my gender identity?

You may choose to keep your gender identity a private matter; nothing requires you to disclose this information to your employer if you do not choose to do so. However, if you are experiencing discrimination or harassment at work, you may wish to speak with your company's human resources department and/or a member of management to see whether your employer can work with you to solve the problems you are facing.

Thought of the Week

"Workplace conflicts can take a significant psychological strain on people and it's one of the reasons that people have cited for why LGBTQ+ people are leaving the workplace."

–Lutfur Ali, Senior Policy Adviser at CIPD

Weekly Comic by Jerry King

Weekly Comic by Jerry King

Blog of the Week

How to Meet Traveling Workers’ Health and Safety Rights

Whether you work an office job that requires international travel or you’re a pilot, trucker, or any other professional who has to fly or drive all over, your well-being needs to be prioritized.

Top Five News Headlines

  1. Pro-Labor? Biden Aims to Prove It With Unionized 2024 Staff
  2. Push in States for $20 Minimum Wage as Inflation Persists
  3. Chipotle Agrees to Pay Ex-Employees After Closing Store That Tried to Unionize
  4. Pay Transparency Laws in US Stir Worker Discontent
  5. Disney Begins Laying Off 7,000 Employees

List of the Week

from UCLA

Did you know:

  • 45.5% of LGBTQ+ workers reported experiencing unfair treatment at work
  • 31.1% reported that they experienced discrimination or harassment within the past 5 years