Combat Gender Identity Discrimination in U.S. Workplaces and Defend Your Rights
The most significant rise in charges filed with the Equal Employment Opportunities Commission (EEOC) has been in the area of LGBTQ+ and gender identity discrimination.
If you are one of the people caught up in this rise, DoNotPay is here to help. We will bring you facts, advice, and options to fight gender identity discrimination in the workplace.
- EEOC v. R.G. and G.R. Harris Funeral Homes (2018)
- Barnes v. City of Cincinnati (2005)
Aimee Stephens was fired from her job at Harris Funeral Homes after she declared her gender identity as female and that she would dress as a woman at work.
The owners of the funeral parlor claimed they had not discriminated against her as they had only insisted she wears clothes appropriate to her biological sex. The Supreme Court found the employers guilty of discrimination under Title VII of the Civil Rights Act.
Philip (now Philecia) Barnes failed the probationary period of police service with the Cincinnati Police Department (CPD) after she was subjected to exaggerated physical training demands. Barnes was living as a pre-operative transsexual female at the time.
The CPD was found guilty of discrimination for basing their training expectations on gender stereotypes and not taking Barnes’ gender identity into account.
The most common work-related problems you can experience related to your gender identity are as follows:
- Documentation issues
- Dress codes
- Company facilities
- Language use
If you transition while employed in a company, you may experience issues in changing your documentation to reflect your gender identity.
Your employer must respect your wishes to dress according to the rules of your gender identity—the company cannot, as an example, require you to wear a male uniform if you identify as female or non-binary.
Your employer must allow you to use the workplace restroom facilities that conform to your gender identity.
Mistakes can happen, but if your employer or coworkers consistently fail to use gender-appropriate language, this could be interpreted as harassment.
Federal anti-discrimination laws prohibit the following acts in the workplace:
|Type of Discrimination||Explanation|
|De jure discrimination||Any deliberate act or policy that aims to treat you differently due to your gender, such as:
|De facto discrimination||Passive or unintentional acts of discrimination despite anti-discrimination policies being in place, such as:
|Harassment||Any form of harassment, including:|
|Wage discrimination||Any differentiation in pay, bonuses, or benefits that can be attributed to your gender identity|
|Retaliation||All forms of retaliation as a result of a complaint of discrimination, including:
If you are being victimized at work due to your gender identity, you need to take steps to fight back.
Your first course of action must be to raise the matter internally by lodging an official grievance with your supervisor and your HR department.
If this has no effect, it’s time to seek legal help from a discrimination lawyer and—most importantly—the EEOC.
The EEOC is mandated to help you fight gender identity discrimination by:
- Investigating your case
- Offering to mediate a settlement with your employer
- Launching legal action if your employer fails to cooperate
- Permitting you to file a private lawsuit
Filing your charge is often time-consuming and may require you to attend an in-person interview before the EEOC accepts your complaint. Thankfully, DoNotPay has a work-around that can help you file your charge of discrimination online in a flash!
DoNotPay is constantly on the lookout for ways to make your life easier—filing a complaint with the EEOC is yet another example!
You can lodge your charge of discrimination through DoNotPay in a flash—here’s what you need to do:
- Sign up with DoNotPay in your web browser
- Go to our Fight Workplace Discrimination product
- Fill in the details of your case
That’s it! DoNotPay will forward your charge to the nearest EEOC office, and your fight for justice can begin!
Gender identity is one manifestation of workplace discrimination, which can also be based on:
Whatever form of discrimination you are suffering under, the EEOC and DoNotPay are here to help!
Facing discrimination in the workplace can make you feel drained and depressed, but DoNotPay will be that pick-me-up that you need. Our platform is built around the idea that everyone can and must fight for their rights, so we keep providing you with the most efficient tools and resources to do so.
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Long story short—DoNotPay does it all, and it’s meant for everyone who could use some more help, time, and money!