MightyRecruiterTransgender individuals do exist in the workplace, as they seek employment like everyone else. Being transgender is nothing new, but some people are not as familiar with or open about the subject as others. Whether someone is a celebrity or an everyday person seeking fulfillment in life, they may face certain types of discrimination. Unfortunately, it is possible for these people to face discrimination when it comes to employment.
There are specific laws out there that exist with the purpose of protecting transgender employees and policies that work to prohibit employment discrimination. With these policies and laws, a friendly and fair workplace environment can be established to help all employees from all walks of life feel welcome.
Federal Government Stance
As mentioned above, plenty of laws exist to prevent transgender employee discrimination. However, currently there are no specific federal laws that focus on the protection of these individuals who are applying for jobs or those already in the workplace. This does not mean that there is no protection at the federal level, though, as federal court cases have recently made interpretations and found that any transgender discrimination is actually a type of sex discrimination. Because it falls into this category, transgender employees and applicants will be protected by Title VII of the Civil Rights Act of 1964. Under this act, as long as an employer has 15 or more employees, they cannot discriminate against anyone based on their sex.
In recent years, the U.S Attorney General also made clear that the U.S. Department of Justice will see sexual discrimination in any instance where a transgender individual is treated unfairly in terms of employment. In addition, the Equal Employment Opportunity Commission (EEOC) is in agreement with the policy of the Department of Justice on transgender inequity.
State Laws That Protect
States and local governments alike have put laws into place that protect individuals who identify as transgender against employee discrimination. The laws and their composition vary from state to state and may even differ within local governments, but the goal is the same. Transgender protection is incorporated in some states within the same laws that protect people from any discrimination they may face based on their sexual orientation. In other states, employees are protected by the laws stating that sex discrimination is illegal. Research is important for finding out which laws apply to your organization’s area.
The Utilization of Practices and Policies
Federal and state transgender discrimination laws may or may not apply to you. Whether or not they do, it is essential that you put your own practices and policies into place that will benefit both your current and potential future employees.
Diversity policies are excellent to develop. These policies ensure that transgender employees are included and that your business is committed to equality in the treatment of employees. Your diversity policy should additionally state and make clear the desire of your business to encourage tolerance in the workplace.
There are plenty of other policies and practices that you can utilize in your business to make the work environment suitable for all. They might include the following:
- Providing diversity training that educates about gender identity
- Making your dress code gender-neutral
- Establishing a guideline when it comes to gender transitions
Educating people who are less aware of different types of individuals can help to establish tolerance, fairness and understanding among all your employees.
Transitioning Employees
If you currently have an employee who has made the decision to transition to the opposite gender, there are various things you can do at work to make their transition go as smoothly as possible. This may include updating their information and holding training sessions that will instruct other employees on actions that are considered harassment.
Creating a safe environment for all of your employees starts with you. Following these guidelines and your local and federal laws pertaining to transgender employees puts your business in a good place to hire and keep some great talent.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.