All people have the legal right to be in a workplace where they feel safe and comfortable. When you go to work, you want to be able to focus on your job and on being successful and productive, not on whether you will be made to feel embarrassed, isolated or ashamed by your coworkers.
Unfortunately, many people feel deeply uncomfortable in the workplace due to how they have been treated. They may dread coming to work, and their performance will likely suffer as a result.
Anyone who is being discriminated against because of a protected characteristic, whether that is their disability, race, religion or gender identity, has the legal right to take action. No one should have to suffer in their career due to discrimination from others. The following is an overview of how transgender people can be affected by workplace discrimination and what they can do about it.
The extent of discrimination targeted at transgender employees
The Williams Institute on Sexual Orientation Law and Public Policy aggregated a number of surveys and determined how transgender workers experience discrimination and harassment in the workplace. They found that 90% of transgender individuals have experienced some form of workplace harassment or mistreatment. 47% of transgender workers experienced an adverse job outcome because of discrimination.
What can be done about workplace discrimination against transgender employees?
Discrimination against transgender workers is a heartbreaking reality, but there are things that can be done to combat it from a legal perspective. Federal law protects workers against discrimination based on sex, but this law does not address whether gender identity is considered to be part of this legal protection.
However, in 2020, the Supreme Court case Bostock v. Clayton County ruled that discrimination based on sex includes discrimination based on sexual orientation and gender identity. This ruling paves the way for other cases to be successful in the future.
It’s important that you never allow an employer or coworker to make you feel inferior in the workplace. Consider taking legal action if you believe you have experienced workplace discrimination.