What is it?
Our culture assigns each individual a gender identity at birth, either male or female. Sometimes, however, an individual born and identified as a male by our culture is actually female and vice versa. This individual may have a gender identity disorder or may identify as a transsexual. Discrimination against individuals because the individual undergoes a transformation from female to male or male to female is generally considered sex discrimination and is unlawful under federal and state law. Discrimination against an individual who identifies as a transsexual may also be considered unlawful under existing federal and state law.
What is the consequence?
The remedies for transgender discrimination are similar to the remedies for sex and disability discrimination. They include:
- A court order to stop the employer’s harmful behavior and to reinstate the employee to his/her former position.
- Back pay if the employee was wrongfully terminated or lost a job opportunity as a result of the discrimination – This may include pay and benefits the employee would have received had the discrimination not occurred.
- Front pay, or pay the employee would have received in the future if the discrimination had not prevented the employee’s return to the workplace.
- Compensatory damages such as pain and suffering
- Punitive damages, unless the employer is a public employer
- Attorney fees for the costs of securing an attorney to fight the case and win.
For more information and help with transgender discrimination, contact Triquetra Law at: 717-299-6300.