Jobs

Overview

Federal employment anti-discrimination law prohibits employers with 15 or more employees from discriminating against employees because of sex. That law is often called "Title VII".

In 2020, the Supreme Court ruled that discrimination on the basis of sex includes discrimination based on transgender status, which means that your employer can’t refuse to hire you, refuse to promote you, or fire you because of your gender identity. Your employer also can’t punish you, or “retaliate” against you, for complaining about experiencing discrimination because of your gender identity.

In addition, some states have their own additional laws or policies prohibiting discrimination against trans employees, including Washington, Oregon, California, Nevada, Vermont, Colorado, New Mexico, Minnesota, Iowa, Illinois, Michigan, Virginia, District of Columbia, Maryland, Delaware, New Jersey, Connecticut, Rhode Island, Massachusetts, New York, Vermont, New Hampshire, Maine, Puerto Rico, and Hawaii. The following states have interpreted such protections into their existing laws: Alaska, Arizona, Texas, Kansas, Nebraska, North Dakota, Kentucky, Ohio, Pennsylvania, and Florida.

Bullying/Harassment

You have the right not to be harassed, bullied, misgendered, outed, singled out, sexually harassed, or mistreated by supervisors, colleagues, or anyone else at work because of your gender identity. If you are being bullied and harassed at work, your employer must address the mistreatment you are experiencing and ensure that it stops. This includes discrimination and harassment from a supervisor, co-worker, or even a customer.

Privacy

Your gender identity is your own private information and you have the right to keep your trans status to yourself. Even if your employer’s human resources department knows that you are trans, and even if you are open about the fact that you are trans to some people, your employer can’t share that information with other people without your permission as that could be considered a form of harassment, or expose you to bullying from your
co-workers, both of which are illegal.

You should be aware that your trans status can sometimes be disclosed during the job application process if some of your documentation or references reflect your previous name and/or gender marker. However, that still doesn’t mean that an employer can discriminate against you for being trans.

Names and Pronouns

You may have the right, depending on your Circuit, to be called by your chosen name and pronouns at work, even if you have not legally changed your name. Even though your employer has to know your legal name for their records, that doesn’t mean they have to use it to address you in person, or in any places that you have your name listed at work, such as on a name-tag or ID badge (unless there is a specific legal requirement that you have your legal name displayed while you are on the job). Having your legal name listed where other employees or customers can find out what it is can violate your privacy, especially if you are living in accordance with your gender identity and people do not know that you are trans.

Restrooms and Locker Rooms

You may have the right to use restrooms, locker rooms, and other single-sex facilities, in accordance with your gender identity, depending on the current status of the law. Your employer is not allowed to single you out because you are trans by denying you access to facilities on the basis of your gender identity, or by making you use facilities that aren’t used by other employees.

You also have the right to feel safe at work, including in accessing these facilities. If you are non-binary, your employer should allow you to choose between using the single-sex facilities that make you feel the most comfortable, or, when feasible, providing a gender-neutral option, such as a single room gender-neutral bathroom, if that is what you need to feel safe at work.

Dress Codes

The best practice is to have a gender-neutral employee dress code, but some employers still have different dress codes for men and women. Your employer can’t punish you for following the dress code that is consistent with your gender identity.

Filing a Complaint

If you believe that you have been discriminated against under Title VII, you have the right to file a charge of discrimination with the Equal Employment Opportunity Commission.

If you live in a state that has additional employment protections for trans people, you can also often file a charge with the state agency that oversees your state’s employment discrimination laws.

Military Service

As of 2022, transgender people can serve openly in the military. This was established by executive order, and is thus subject to change with the change of a Presidential administration.

During the Trump administration, an order from President Obama that first opened the military up to transgender persons was rescinded. While this order was superseded by President Biden’s 2022 policy of allowing transgender persons to serve, in later administrations a similar restriction may occur. It is likely that even if the rights of transgender persons to join is restricted by a later administration, if you join the military during a period open to transgender persons you will be allowed to remain in the service.