Articles Tagged with transgender discrimination

Discrimination of transgender professionals is nothing new, though Californians may not realize the employment protections trans workers are afforded in this state don’t apply to all.transgender discrimination lawyer

That’s because even as the California Fair Housing and Employment Act prohibits discrimination on the basis of one’s sexuality, gender and gender identity, the federal government does not. But military personnel who are transgender went from being told at the tail end of the Obama administration that they could serve openly and have access to psychological and gender-affirming medical care, the Trump administration has effectively ushered in a new “don’t ask, don’t tell” phase for service members who are transgender.

As noted in a report by the non-partisan Palm Center, while this is not a “ban,” neither was “don’t ask, don’t tell” under former President Bill Clinton. Nonetheless, both policies did/will have the impact of systematically removing transgender individuals from the military or, just like DADT, ensure their gender identity is kept silent and invisible.

The U.S. Equal Employment Opportunity Commission still continues to insist (as it was prior to Trump’s election) that LGBT discrimination in employment was a form of gender discrimination under Title VII. That stance has been resisted by the Department of Justice under Trump, though several courts have sided with the EEOC on this. Nonetheless, the transgender military policy formally went into effect this month. Continue reading

If you are a transgender person living in America today, chances are you have some grave concerns about the current political climate – specifically with regard to transgender discrimination in the workplace. As longtime Los Angeles gender discrimination attorneys, it’s been difficult to see certain federal-level protections wane or threatened, especially because they weren’t all that solid to start. What you need to know as a transgender person in California is that this state does have protections, even if federal authorities ultimately decide to narrow the definition of gender for Title IX purposes, which bans discrimination in education, and Title VII federal civil rights employment discrimination. As L.A. employment attorneys can explain, these protections are based on five different categories – which includes gender.transgender discrimination lawyer Los Angeles

Federal Government May Limit Transgender Employee Protections

A number of recent reports indicate that the U.S. Department of Health and Human Services is getting ready to formally present a proposal to the Justice Department before the close of this year that would more strictly define gender as binary – a biological, immutable condition defined by the genitalia with which one is born. Of course, almost every transgender person will tell you that they did not “choose” to their gender identity, but rather it chose them. This is very similar to sexual orientation, though this is a wholly separate issue from gender identity.

Despite the fact that the American Medical Association has debunked any notion that trans people aren’t fit to serve in the U.S. military or that gender dysphoria (distress arising from a perceived mismatch of the gender with which one was born versus the one with which one identifies) is a problem that can’t be alleviated with care. Some political groups have gone so far as to disguise junk science from an anti-LGBTQ group (American College of Pediatricians) as the longstanding, respected and gender-affirming American Academy of Pediatrics. Continue reading

California is one of the few states that prohibits transgender discrimination in housing and employment. Cal. Gov’t. Code Section 12940(a) stipulates it’s unlawful for an employer to refuse to hire or employ someone or to discharge from employment or to discriminate against a person in compensation or in terms, conditions or privileges because of one’s gender identity. transgender discrimination

However, many other states lack such protections, and now, one transgender discrimination in employment case out of Michigan could go before the U.S. Supreme Court, potentially making it lawful for workplaces around the country to take adverse employment actions against workers on the basis of their sexual identity.

As reported by Lawrence-Journal World, the Kansas Attorney General is joining with officials from 15 other states, asking the U.S. Supreme Court to expressly declare transgender workers not protected by federal workplace anti-discrimination laws. In particular, they are requesting the U.S. Supreme Court reverse a ruling by the 6th U.S. Circuit Court of Appeals in Michigan, which decided the word “sex” used in the federal Civil Rights Act of 1964 – particularly in Title VII – does include transgender status and gender identity.  Continue reading