Transgender Employees

Even as employers have grown more accustomed to addressing the rights of openly gay and lesbian employees in the workplace, they are increasingly faced with a new population that seeks protection from discrimination: transgender employees. While in the past some people have conflated gender identity with sexual orientation, there is a growing public awareness that transgender people face unique challenges in the workplace. In response, legislatures and courts alike in several jurisdictions have extended existing anti-discrimination laws to transgender people, and some employers have followed suit with changes to their non-discrimination policies. Employers are thus advised not only to familiarize themselves with the current legal landscape for transgender rights, but also to consider the practical implications of such laws on their own efforts to provide an inclusive and non-discriminatory workplace environment for transgender employees. This two-part article will explore the legal landscape and its implications.