Federal courts remain divided on whether Title VII’s gender discrimination protections cover transgender status, while in a growing number of state and local jurisdictions, it has been recognized and defined as part of anti-discrimination laws banning gender discrimination.
While what legally constitutes gender discrimination for transgender persons in the workplace continues to evolve, transgender employees and applicants face unique workplace issues that employers should address through workplace policies and practices.
For example, employers can encounter questions about workplace benefits or leave issues for transgender employees’ gender-transition process or how workplace dress codes apply to transgender employees. In addition, employers need to ensure that proper pronouns are used for transgender employees and applicants and that all workspaces, such as restrooms and locker rooms, are available for employees and applicants regardless of gender.
Read this special report to see sample policies and learn more about:
- Proactively developing policies to protect transgender employees
- Guidelines for managing workplace transition
- Addressing privacy and confidentiality concerns
- Considerations around restroom access
- Building an inclusive workplace – checklist included!