Address Issues With Transgender Employees

Key Points

  • While Title VII still does not explicitly consider transgender status a protected class, the EEOC, many federal courts and several state and local laws prohibit discrimination, harassment and retaliation based on gender identity. Therefore, it is best practice for an employer to develop, implement and enforce policies prohibiting discrimination, harassment and retaliation against transgender individuals.
  • Additionally, an employer may be required to provide reasonable accommodations to transgender individuals when it comes to certain issues such as rest rooms, dress codes, name changes, appearance policies, and other sensitive issues unless the employer can establish that it would suffer an undue hardship.

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