Transgender Workplace Discrimination

Workplace discrimination against transgender persons is generally enforced via sexual harassment law, such as Title VII of the Civil Rights Act of 1964. Transgender persons cannot be discriminated against in any aspect of the employment process on the basis of their transgender status. If you believe that you have suffered transgender discrimination, call us today to speak with a New York employment discrimination lawyer.


More and more workplaces are attempting to respond to transgender discrimination. Many major unions, including the American Federation of Teachers and the United Auto Workers, now include transgender anti-discrimination clauses in their contracts with employers. In addition, courts in both the federal and state systems treat transgender discrimination as sexual discrimination and provide the same remedies under those rules.

Ongoing Issues

Because this is a very new area of litigation, the final standards are not entirely clear. It is clear, however, that certain issues remain contentious. There are

  • Refusals to hire
  • Privacy violations
  • Harassment
  • Physical and sexual violence

Overall, transgender persons experience extreme levels of unemployment, often due to discrimination, compared to the overall population.

US Supreme Court Weighs In

In the case of Bostock v. Clayton County, decided in June 2020, the Supreme Court ruled that federal law prohibits transgender discrimination in employment. Building on many earlier cases and agency decisions, the case concluded that transgender persons were protected against discrimination under existing sex discrimination laws and regulations. Although Bostock is too new to have had a significant impact as yet, it is expected to make tremendous long-term changes in transgender employment. Its use, following the EEOC’s adoption of this same standard in 2012, is a powerful tool in the struggle against transgender discrimination.

Call a New York Transgender Discrimination Lawyer Today for a Free Consultation

If you believe that you have been discriminated against for being transgender, you may have legal recourse. An attorney at A.Y.G., PLLC, can review your case and determine whether you can pursue a claim against your employer or a potential employer you interviewed with. To schedule your free case evaluation with a member of our team, call our office today at 646-201-8625 or contact us online.