Gender Identity Discrimination

Gender identity discrimination in the workplace occurs when an employer discriminates against an employee because of their gender identity. Discrimination can include terminating a transgender employee after the employer finds out about the employee's gender identity or planned transition; denying a transgender employee access to workplace restroom facilities available to other employees; requiring a transgender employee to use a restroom not consistent with the employee's gender identity or presentation; harassing a transgender employee; permitting and/or refusing to investigate claims of harassment by coworkers and supervisors; or any other negative employment action taken because of an employee's gender identity.

Discrimination based on gender identity is not specifically prohibited under federal law at this time, but there are legislative efforts to pass federal laws to make it explicitly illegal. There is also some case law interpreting sex discrimination laws to encompass gender identity in certain circumstances. Protection from gender identity discrimination is enforced by state or local anti-discrimination agencies in 18 states.