What Do Employers Need to Understand About Transgender Employees? |
Posted: September 25, 2017 |
With transgender rights as a frequent topic in the news, employers need to understand trans employees and their rights, including how to handle transitioning in the workplace. This post is a short overview regarding the current state of gender identity and employment law; and what an employer needs to know if they encounter issues surrounding gender identity. Many transgender people have undergone discrimination in the workplace. In a 2011 study, 90% of people surveyed claimed that they have experienced mistreatment or discrimination at work. 26% said that they actually lost work because of their gender identity/expression For those reasons, it imperative that employers offer employees proper protections in relation to their gender identity or expression. Here are a few tips employers can follow to understand handling transgendered employees in the workplace. Transgender People are Protected by Title VII of the 1964 Civil Rights Act.In 2012, the EEOC issued a ruling that determined that workers have federal employment law protection, and may now file EEOC complaints if they suspect that they are experiencing discrimination. They may also file the same federal lawsuits that workers have always been able to bring for sex discrimination under the Civil Rights Act. 18 states and the District of Columbia also have laws which specifically ban discrimination against transgendered people. 130 cities have also put antidiscrimination laws in place. The Illinois Human Rights Act also protects transgender employees from discrimination in the state of Illinois. What About Dress Codes?Courts have held that employees may set gender-based dress codes, so long as they don’t make dressing requirements more difficult for one gender. For transgender people, most experts believe that transgender people should be allowed to dress in accordance with their gender identity. To ensure that all employees have a safe and happy work environment, employers should take the wishes of transgender people very seriously. How Should the Workplace Handle an Employee’s Transition?Even though employment law protects transgender people, employers may have employees in the workplace that are not educated or comfortable with transgender issues, especially watching a co-worker transition from one gender expression to another. One way to support your staff is to hire an expert consultant to handle an educational training for the employees. It’s a good idea for your human resources department to speak with the transgender individual before scheduling any such trainings. It is extremely important that employers protect their transgender employee’s privacy. “Outing” someone, even by mistake, can be a traumatic experience which could lead to a hostile work environment. What About the Bathroom?The state law in Illinois protects transgender people regarding their use of public restrooms. The City of Chicago has also had its own anti-discrimination law for many years. Under Illinois law, individuals may generally use the bathroom which corresponds with their gender expression or identity. If you have questions about the rights of transgender employees, contact a Chicago employment attorney to advise you on the matter. Getting an advisory opinion could keep your employee safe and happy in the workplace while lowering the risk of a potential discrimination investigation and lawsuit. Call Williams, Montgomery & John if you have questions about the rights of transgender employees. Call us at or contact us online today.
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