Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Combatting Transgender Discrimination in the Workplace: Are You Doing Enough?

Author: Scarinci Hollenbeck, LLC

Date: May 1, 2015

Key Contacts

Back

A new gender-neutral bathroom in the White House symbolizes the growing recognition of transgender rights.

The new facility coincides with the implementation of an Executive Order that prohibits federal contractors from discriminating on the basis of gender identity. The Order also amends anti-discrimination laws for federal workers by adding gender identity to the list of protected categories.

According to the Obama Administration, the new federal laws will impact approximately 1.5 million workers and 24,000 companies with federal contractor designation. Even if your business is not specifically impacted, employers should have policies and procedures in place to address issues related to gender identity and gender transitioning.

Legal Background

In 2012, the EEOC ruled that employment discrimination against employees because they are transgender, because of their gender identity, and/or because they have transitioned (or intend to transition) constitutes sex discrimination in violation of Title VII of the 1964 Civil Rights Act. Last year, the Department of Justice issued a memo also recognizing that transgender people are protected under the civil rights statute.

In 2014, the EEOC began to test the commission’s position in federal court by filing a series of lawsuits alleging that employers violated Title VII by terminating transgender workers who did not conform to the employer’s gender-based expectations, preferences, or stereotypes. Earlier this month, the EEOC announced that one of its first transgender lawsuits had settled.

According to the agency, Lakeland Eye Clinic will pay $150,000 to resolve charges that it terminated an employee after she informed them she was transgender and intended to start presenting as a woman. The clinic also agreed to implement a new gender discrimination policy and to provide training to its management and employees regarding transgender/gender stereotype discrimination.

“This historic settlement is significant,” said David Lopez, EEOC General Counsel.  “It not only is one of the first two lawsuits ever filed by the Commission alleging sex discrimination against a transgender individual, but it also solidifies the EEOC’s commitment to enforcing the rights of transgender employees secured by Title VII.”

In another significant legal development this month, the EEOC also ordered the Department of the Army to pay damages to a transgender civilian employee who was prohibited from using a restroom that matched her new identity and repeatedly referred to by her former gender.

“We recognize that certain employees may object — some vigorously — to allowing a transgender individual to use the restroom consistent with his or her gender identity,” the EEOC ruling stated. “But supervisory or co-worker confusion or anxiety cannot justify discriminatory terms and conditions of employment.

The Message for Employers

The EEOC is fulfilling its mission to make gender identity discrimination a top enforcement priority for FY2013-2016. According to the EEOC’s enforcement data, the agency received more than 300 Title VII charges related to gender identity during 2013 and the first half of 2014. The latest EEOC victories will only further solidify the enforcement trend.

Studies also show that without strong policies in place, employment discrimination is likely to occur. More than 40 percent of lesbian, gay, and bisexual workers have suffered employment discrimination due to their sexual orientation. Moreover, 90 percent of transgender employees have experienced harassment, mistreatment, or discrimination the workplace.

In New Jersey, the Law Against Discrimination includes “gender identity and expression” as a protected class. Accordingly, any discrimination and/or retaliation against transgender workers would be proper grounds for an employment lawsuit under state law. Employers should consider the implications of failing to have adequate restroom facilities and policies in place to prohibit discrimination. If you have any questions please contact our office.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners post image

BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners

As battery energy storage system (BESS) projects move from planning to construction, developers and property owners must address an issue that extends well beyond zoning approvals and interconnection agreements: what happens when something goes wrong? To avoid unforeseen liability, developers should address fire code compliance, emergency response planning, contractual risk allocation, and environmental liability before […]

Author: Nicholas Wall

Link to post with title - "BESS Safety and Emergency Response: Legal Issues for Developers and Property Owners"
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!