Individuals who identify as transgender face unique challenges at work. This blog explores these challenges, the legal protections in place, and practical advice for navigating the workplace.
Specific Challenges Faced by Transgender Employees
Transgender employees often encounter a range of obstacles that their cisgender peers may not face. Understanding these challenges is crucial for fostering a supportive and inclusive work environment. Some of these challenges include:
Misgendering and Deadnaming
One of the most common issues transgender employees face is misgendering—being referred to by the wrong pronouns—and deadnaming—being called by their birth name rather than their chosen name. These intentional or accidental acts can be deeply hurtful and invalidating. Repeated misgendering and deadnaming can contribute to a hostile work environment, impacting the employee’s mental health and job performance.
Access to Appropriate Facilities
Access to restrooms and changing facilities consistent with an employee’s gender identity is another significant concern. Transgender employees may feel uncomfortable or unsafe using facilities that do not align with their gender identity. Employers must ensure that all employees have access to facilities where they feel safe and respected.
Discrimination and Harassment
Transgender individuals often face discrimination in hiring, promotions, and day-to-day interactions. This can range from overt harassment—such as derogatory comments and physical threats—to more subtle forms of bias, like being overlooked for advancement opportunities. Such discrimination violates legal protections and undermines the principles of equality and respect in the workplace.
Health Care and Benefits
Many transgender employees encounter difficulties in accessing health care benefits that cover gender-affirming care, such as hormone therapy or gender-affirming surgeries. Employers need to ensure that their health insurance plans are inclusive and provide coverage for health care needs specific to transgender employees.
Legal Protections for Transgender Employees
Fortunately, legal protections for transgender employees are strengthening, offering crucial safeguards against discrimination and harassment. These protections include:
Title VII of the Civil Rights Act of 1964
In a landmark decision in 2020, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex, also applies to discrimination based on gender identity. This ruling means that it is illegal for employers to fire, refuse to hire, or otherwise discriminate against someone for being transgender.
State and Local Protections
In Minnesota, additional protections for transgender employees have been enacted to provide broader safeguards than federal law. These state-specific laws explicitly prohibit discrimination in public accommodations, housing, and access to health care.
The Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal laws prohibiting employment discrimination, including against transgender individuals. Transgender employees who experience discrimination should talk to an employment lawyer who can file a complaint with the EEOC. The claim will be investigated, leading to possible action against the employer.
Practical Advice for Navigating the Workplace as a Transgender Individual
While legal protections are essential, practical strategies can also help transgender individuals navigate the workplace more effectively. Some strategies we recommend are:
Know Your Rights
Understanding your legal rights is the first step in protecting yourself against discrimination. Familiarize yourself with both federal and state laws that protect transgender employees. Resources like the EEOC website include this article on Preventing Employment Discrimination Against Lesbian, Gay, Bisexual or Transgender Workers.
Seek Support
Building a support network within and outside the workplace is crucial. This can include LGBTQ+ employee resource groups, allies among colleagues, and external support organizations like OutFront Minnesota. A network of supportive individuals can provide both emotional support and practical advice.
Document Incidents
If you experience discrimination or harassment, document the incidents in detail. Keep records of dates, times, what was said or done, and any witnesses. This documentation can be vital if you need to file a complaint with your employer or a governmental agency.
Communicate Your Needs
Clear communication about your needs and preferences with your employer and colleagues can help create a more supportive environment. This might include discussing your preferred name and pronouns, access to appropriate facilities, and any accommodations you may require.
Seek Legal Advice
If you encounter significant challenges or your rights are violated, seek legal advice from an attorney focusing on employment law and transgender rights. They can guide you through the process and help you navigate the legal system if necessary. At Schaefer Halleen, we have deep experience defending the workplace rights of transgender individuals.
Summing it Up
In Minnesota, transgender employees are protected by robust state-specific laws that extend beyond federal protections. These laws explicitly prohibit discrimination in the workplace, ensuring that transgender individuals are treated fairly and with respect. By being aware of these rights, transgender employees can confidently advocate for themselves and seek the necessary support to thrive in their professional environments. Understanding and exercising these employment rights is key to fostering a workplace where everyone can work without discrimination and harassment.
For more information, contact our team of legal advocates at Schaefer Halleen. As an attorney committed to protecting the rights of LGBTQ workers, you may appreciate reading more of the blogs I have written on this topic.
