Gender Identity Discrimination

Workplace gender discrimination occurs when an employer discriminates against a transgender worker solely on their gender identity. Discrimination may involve harassment from coworkers, denial of basic rights such as promotion and using restroom facilities at the workplace; and even termination. Refusal by management to investigate claims of discrimination may cause undue trauma and may lead to serious psychological conditions.

What are some of the terms that employers need to know about gender discrimination?

· Transgender: this term is used to describe a person who, for one reason or other, does not conform to the usual stereotypes of their sex. By definition, this term describes both male and female cross-dressers, drag queens/kings, transvestites, masculine females, feminine men, and generally all persons with characteristics that conflict with their sex or are perceived to be androgynous.

· Gender identity: this refers to a person’s self-identification as either male or female, as opposed to their natural anatomical gender at birth. A transgender individual does not identify with their anatomical sex; i.e., someone born as a man may identify more as a woman, leading to a shift in identity and character.

· Gender expression: this describes the way society responds or perceives a person’s gender identity based on the image they present, their name, clothing, voice, haircut, and other cues that set them apart as either man or woman.

· Transitioning: this is an on-going process where a transgender person undergoes a gradual modification of characteristics and mannerisms to essentially fulfill the standards for membership in one gender as opposed to the one assigned at birth. In order to transition, a transgender person may choose to perform hormone replacement with the help of a medical professional as a way to determine how comfortable the individual is living with the new gender. Surgical reconstruction is usually the last stage and it may involve both primary and secondary sex characteristics.

What law covers gender identity discrimination?

There isn’t any explicit law prohibiting discrimination based on a person’s gender identification, but there are efforts to pass new legislations to make it illegal. At the moment the Department of Justice is committed to protect state and local public workers against gender identity discrimination; and the federal legislation -Employment Non-Discrimination Act- being proposed in Congress will serve to prohibit any form of discrimination at the workplace based on gender identity or sexual orientation.

Bear in mind there have been cases where individuals argued successfully that gender identity discrimination is equal to discrimination based on sex or disability- both of which are illegal under federal law.