On behalf of John Dorris of Dorris Law Group posted in Workplace Discrimination on Wednesday, September 16, 2015.
Employers in Arizona cannot discriminate against transgender employees or transgender job applicants simply because of their transgender status. According to the U.S. Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964 protects transgender employees from discrimination. So far, the EEOC has filed three lawsuits on behalf of transgender employees who were discriminated against and investigated numerous complaints of transgender discrimination in the workplace.
The EEOC has published a manual entitled ‘Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace” on its website. The guidelines are applicable to transgender employees as soon as they announce their new gender identification regardless of whether a gender reassignment procedure was completed.
Once an employee informs the employer about thei transgender status, the employer should begin using the new gender pronoun that corresponds to the employee’s gender identity. The new gender pronoun should be used in all communications with the employee and about the employee as well as in all employee records. The Occupational Safety and Health Administration advises employers to allow transgender employees use of the restroom that corresponds to their gender identity. A transgender employee should not be required to use a unisex restroom unless that is the only restroom available for everyone to use.
A transgender employee may face workplace discrimination at any point during or after their gender transition. If a transgender employee loses their job or an opportunity for a promotion, they might want to discuss what happened with an attorney. An attorney may be able to help an employee who has been discriminated against for being transgender to pursue monetary compensation for their losses.
