At a time when transgender individuals are gaining visibility around the country, the world of employment law has been expanding to protect employees from discrimination, harassment, and retaliation on the basis of their gender identity. Given that a 2021 study showed that nearly half of LGBTQ+ employees reported discrimination or harassment on the basis of
transgender
Revisiting Transgender Employment Issues
Quite a bit has changed since we last visited this topic generally in 2014. Approximately eighteen states and over 200 municipalities ban gender identity discrimination. Indeed, for several years, California’s Fair Employment and Housing Act has prohibited discrimination on the basis of “sex, gender, gender identity, [and] gender expression.” As to federal law, this…
U.S. Departments of Justice and Education Issue Significant Guidance Regarding Transgender Students in Schools
This blog post was authored by Kim A. Overdyck.
On May 13, 2016, the U.S. Department of Justice (DOJ) and Department of Education (DOE) issued a “Dear Colleague Letter” and accompanying Examples of Policies and Emerging Practices for Supporting Transgender Students in response to the high volume of questions received regarding civil…
Understanding and Protecting the Rights of Transgender and Gender Non-Conforming Employees
Although the terms “transgender” and “gender identity” have already been protected classifications in the California Fair Employment and Housing Act (FEHA) for a number of years, the State legislature saw a need to provide further clarification to alleviate continued discrimination against transgender employees, as well as employees who may not have had gender reassignment but…