How To Fight Transgender Discrimination in the Workplace

Fight Workplace Discrimination How To Fight Transgender Discrimination in the Workplace

Fight for Your Rights and Eradicate Transgender Discrimination in the Workplace

June 15th, 2020, was an important day for the LGBTQ community.

In the case of Bostock versus Clayton County, GA, the Supreme Court judged that firing individuals based on their transgender status or sexual orientation is a violation of sex discrimination clauses of Title VII of the Civil Rights Act of 1964.

This was the first time LGBTQ rights concerning workplace discrimination had been fully tested, and the case set a precedent that has far-reaching consequences.


If you feel you are experiencing discrimination at work as a result of your gender identity, DoNotPay is here to help you fight transgender discrimination in the workplace.

What Does the Law Say?

Title VII of the Civil Rights Act—as well as other, subsequent laws—make it illegal to discriminate against anybody in the workplace due to their:

The act defines discrimination broadly, saying that the following are illegal:

Discrimination Type Explanation
Unfair treatment Unfair treatment of employees is illegal, including:

  • Wage discrimination
  • Differing workloads for different employees
  • Higher targets for certain employees
  • Biased shift planning
Harassment Harassment is illegal in any form and can include:

Refusal to accommodate special needs Employees who require special facilities due to their status must be accommodated as far as it is reasonably possible for the employer
Intrusive questioning An employer cannot request information that is considered private or irrelevant to the work environment
Retaliation Retaliation against an employee for having lodged a complaint or grievance is strictly prohibited

If you are a transgender employee, the law protects you to the same extent it protects everybody.

What Was the Outcome of Bostock Versus Clayton County?

The judge ruled that “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

In simple terms, this means that an employer cannot discriminate against an employee if they are:

  • A female married to a female or a male married to a male
  • A person who was born male but identifies as a female or vice-versa

The reasoning behind this is that the employer would not discriminate against them if their sexual orientation or gender identification were not a factor. Taking action against such employees, therefore, constitutes discrimination based on sex or gender.

Steps To Take When Experiencing Transgender Discrimination at Work

If you are transgender and experiencing discrimination in the workplace, your first step should be to try to resolve the matter with your employer. To achieve this, you should:

  1. Check your company’s discrimination policy
  2. Keep a diary
  3. Lodge a grievance

Check Your Company’s Discrimination Policy

You should verify that your company states in writing that it is opposed to discrimination in the workplace. This gives you a solid legal footing for a grievance.

Keep a Diary

As the victim of discrimination, you should record every incident, including the:

  • Date and time of the incident(s)
  • Exact course of events
  • Names of people involved
  • Details of any witnesses

Lodge a Grievance

You should file an official complaint with your supervisor or HR department, making sure it is recorded in writing and formally logged.

If these actions yield no results, you can get support from the Equal Employment Opportunities Commission (EEOC), the federal body mandated to enforce the laws against employment discrimination.

Once you file a complaint with the EEOC—known as a charge of discrimination—a case officer will launch an investigation into your grievance. Once the investigation is complete, the EEOC will recommend one of the following courses of action:

  • Dismissal of the case
  • Mediation between you and your employer
  • EEOC litigation against your employer
  • A private lawsuit launched by you and a discrimination lawyer

You cannot launch a private lawsuit against your employer without a Permission To Sue letter from the EEOC—DoNotPay can help you start the process by filing your claim in a few clicks!

What Can DoNotPay Do To Help?

DoNotPay is your best resource for starting your fight against transgender discrimination at work. We can help you file your charge of discrimination in a flash—here’s what you need to do:

  1. Go to DoNotPay in your web browser and sign up
  2. Find our Fight Workplace Discrimination feature
  3. Give us the details of your complaint

That’s all you need to do—the EEOC will contact you and let you know the next steps.

Is Fighting Transgender Discrimination Worth the Hassle?

If your employer is found guilty of discrimination against transgender employees, you will score a major victory for the LGBTQ community.

For you, a judgment in your favor could result in:

  • Compensation for lost pay or benefits
  • Reimbursement of your legal and court costs
  • Damages for mental trauma
  • Punitive damages against your employer

Money Doesn’t Grow on Trees, but DoNotPay Is a Close Second

Experiencing workplace discrimination can affect the victim in more ways than one. Filing a report with the EEOC should help, but in reality, people sometimes lose jobs if they stand up to bullies.

If that happens to you, there are several ways how DoNotPay can help. Our app is a great resource for fighting injustice and administration, but it can also help you save and earn money if you lose your regular income:

Saving Money Earning Money

We Can Help You Fight for Your Rights

DoNotPay was created to support anyone who feels small and helpless in front of big corporations, confusing administration, or downright criminals.

We can help you get a refund even when companies won’t budge, stop email and text message scams, protect your work from copyright infringement, save yourself from stalking and harassment, or even take individuals or companies to small claims court


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