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What transgender rights are available in the workplace?

transgender flag with a justice weight scale in the middle

Did you know that your employer may be violating your employee rights if you have suffered harm of any kind in the workplace due to being transgender? You have some protections under the law that require your employer to provide you with a safe and comfortable workplace.

Suffering psychological trauma because of bullying or other incidents that make you uncomfortable is not acceptable. You need to make sure you understand transgender rights in the workplace.

Protection against discrimination

You have the general rights of anyone else in a minority or marginalized group when it comes to discrimination. Your employer should never use your gender to determine anything about your work assignments, pay, benefits, or other details of your job. You have the right to expect treatment based on your ability to do your duties and your overall job performance.

You also have the right to complain about treatment and be free from retaliation. Your employer cannot punish you in any way for exercising your rights.

Important details

You have the right to choose which restroom or locker room you will use. Your employer cannot force you to use one conforming to your biological gender. If there are issues, it is your employer’s responsibility to provide you with a suitable accommodation, such as gender-neutral facilities.

Your employer cannot ask you about your gender. They should address you in the way you request, using the proper name and pronouns.

If others in your workplace cause trouble due to you being transgender, your employer should handle it in the same way as any other type of harassment or discrimination. If your workplace harassment is causing you to get sick, you might have a workers’ comp claim.