Gender Identity Discrimination

The law protects against discrimination based on gender identity or transgender status. Gender identity refers to a person’s innate identification of one’s gender. Transgender is a term for people whose gender identity or expression is different from those typically associated with the sex assigned to them at birth (the sex listed on their birth certificate). Different people choose to express their gender identity differently. For some, gender may be expressed through, for example, dress, mannerisms, speech patterns, and social interactions. Gender expression usually ranges between masculine and feminine, and some transgender people express their gender consistent with how they identify internally, rather than in accordance with the sex they were assigned at birth.

Some states and the District of the Columbia explicitly prohibit employers from discriminating against an individual because of their gender identity. At the federal level, although the protections of Title VII of the Civil Rights Act of 1964 do not explicitly mention gender identity, courts and many federal agencies have found that the prohibition against sex discrimination and sex stereotyping includes discrimination based on an individual’s transgender status. For example, it can be illegal for an employer to deny employment opportunities or permit harassment because a woman does not dress or talk in a feminine manner, a man dresses in an effeminate manner or enjoys activities that are traditionally associated with women, or an employee transitions from female to male or male to female.

Testimonial Background
We believe no employee should face harassment, discrimination, or retaliation in the workplace because of who they are or how they identify. The lawyers of Correia & Puth are staunch advocates for transgender individuals facing discrimination, and have dedicated their practice to fighting all types of unfair treatment in employment.

Gender Identity Discrimination Lawyers serving Washington D.C.

Correia & Puth, PLLC has the experience and commitment to fight employers who have wrongfully discriminated against a transgender individual. We negotiate resolutions with employers, and file complaints in courts or with government agencies, where appropriate, on behalf of transgender individuals who have confronted discrimination in the workplace. We are here to craft an innovative legal strategy to achieve the best results for our clients, motivated by our commitment to workplace fairness.

With increasing frequency, courts are finding that discrimination against an employee because the employee is transgender is discrimination because of sex, and therefore is prohibited under Title VII. Title VII forbids an employer from taking employment actions based on sex stereotypes, for example an individual’s gender non-conforming behavior. Courts and federal agencies have recognized that Title VII’s prohibition on sex discrimination provides protections for persons who have been discrimination against because of their gender identity. In 2012, the United States Equal Opportunity Employment Commission (EEOC) issued a landmark decision in Macy v. Holder, which held that discrimination based on transgender status was a form of unlawful sex discrimination under Title VII.

Transgender individuals also have the right to safe and adequate access to restrooms and other facilities. Federal regulations enforced by the Occupational Safety and Health Administration (OSHA) require employers to make adequate facilities available for all employees. Under no circumstances may an employer require a transgender employee or applicant to use restroom facilities that are unsanitary, unsafe, or located at an unreasonable distance from a work station. Denial of access to restrooms that are consistent with an employee’s gender identity may also constitute discrimination.

As of late 2015, 19 states and the District of Columbia offer explicit protections to transgender employees. Pursuant to United States Department of Labor rules, federal contractors and subcontractors are also explicitly prohibited from discriminating on the basis of gender identity. To ensure that these explicit protections apply to all workers, the Equality Act was introduced in Congress and would make these prohibitions explicit in Title VII. The Equality Act would provide basic protections against workplace discrimination on the basis of sexual orientation and gender identity. With leadership from civil rights organizations and the National Employment Lawyers Association, the Equality Act was introduced and if passed would ensure that LGBT individuals are not excluded from our nation’s anti-discrimination laws.

Filing a Gender Identity Discrimination Claim

If you are filing a charge of discrimination based on gender identity with the EEOC or a state or local agency, you should identify the discrimination as discrimination based on sex, where the form does not provide for a specific notation of gender identity discrimination. Correia & Puth can help you with this process, and assess your rights and possible courses of action.

A target of gender identity discrimination may recover lost wages and compensatory damages for emotional or harm to reputation. In some cases, employees may receive awards of punitive damages, or can be reinstated to their jobs or promoted to their rightful place if it was denied due to an employee’s transgender status. In successful litigation, whether after filing a lawsuit or through a settlement agreement, an individual may also recover reasonable attorneys’ fees and costs.

Correia & Puth Can Help If You’ve Faced Gender Identity Discrimination

Whether you are currently suffering from harassment or discrimination on the basis of gender identity, or have been subjected to it in the past, the lawyers of Correia & Puth, PLLC can help you seek justice and remedy the rights being violated. We work zealously to represent clients to seek a fair and just resolution with employers. Please contact us today.

Practice Areas

Accommodations for Disabilities

We are committed to ensuring that all employees with disabilities have equal access to the workplace.

 

Age Discrimination

We fight employers who use age bias to discourage older workers from staying on the job or keep them from advancement.

 

Corporate Accountability

Corporations must be held accountable for wrongdoing, and whistleblowers often keep employers honest.

 

COVID-19 Protections for Health Workers

If you are a health care worker facing retaliation because you raised concerns, there are laws in place to protect you.

 

Disability Discrimination

We are dedicated to safeguarding the rights of individuals with disabilities and vigorously advocate for equal access.

 

Equal Pay Rights

Motivated by our commitment to workplace fairness, we fight employers who have shortchanged an employee because of bias.

 

Family & Medical Leave Discrimination

The FMLA provides job protected leave so that employees are not forced to choose between their job and caring for loved ones.

 

Family Responsibilities Discrimination

Employees should not be penalized for taking care of their loved ones, and we are committed to fighting for your rights.

 

Federal Employees

We help federal sector employees understand workplace rights and navigate the unique federal agency employment context.

 

Federal Employee Whistleblower Protections

Employees and contractors of the federal government have strong protections from retaliation for speaking out.

 

Gender Identity Discrimination

We believe no employee should face harassment, discrimination, or retaliation because of who they are or how they identify.

 

National Origin Discrimination

We believe all employees should be given a fair chance to succeed regardless of their culture and background.

 

Pregnancy Discrimination

Pregnancy and motherhood are not incompatible with work. Our firm fights for expecting mothers and mothers with newborns.

 

Race Discrimination

Employers are forbidden from making decisions to hire, fire, promote, or to provide training or other benefits because of a person’s race.

 

Religious Discrimination

We value individuals' religious beliefs and personal choices and are committed to ensuring the ability to practice without fear.

 

Retaliation

We believe that employees should be able to assert their legal rights without risking their livelihoods.

 

Severance Agreements

Our practice of negotiating severance agreements is built upon years of experience working on behalf of employees at all levels.

 

Sex Discrimination

We work to eliminate gender discrimination, unfair pay, sexual harassment, and unlawful glass ceilings.

 

Sexual Harassment

We are dedicated advocates for the right to a workplace free from a sexually hostile work environment.

 

Sexual Orientation Discrimination

We believe that no employee should be fired, shortchanged, or treated differently because of who they are and whom they love.

 

Title IX Claims

We are a national leader on use of Title IX as an effective tool for an educational environment free from discrimination and retaliation.

 

Veterans (USERRA)

USERRA provides job protections to employees who temporarily leave private employment for military service.

 

Wage & Commission Claims

We fight employers who have wrongfully withheld salaries, commissions, and wages, and hold them accountable for what's unpaid.

 

Whistleblower Retaliation

Employees should be free from intimidation, harassment, or threats when taking a stand against wrong or unsafe workplaces.

 
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