Gender identity discrimination is prevalent in many workplaces. Many people who identify as transgender, non-binary, or gender non-conforming face discrimination and harassment at work due to their gender identity. This type of discrimination can have serious consequences for individuals, both personally and professionally.
Fortunately, New York has taken steps to protect individuals from gender identity discrimination in the workplace. By working with an experienced employment discrimination lawyer, you can protect your rights and preserve your dignity. Let’s take a look at gender identity discrimination and what you can do about it.
What is gender identity discrimination in the workplace?
Gender identity discrimination occurs when an employer treats an employee or job applicant unfavorably because of their gender identity. This can take many forms, such as:
- Refusing to hire a transgender individual
- Wrongfully terminating a non-binary employee
- Denying a gender non-conforming worker promotion
Gender identity discrimination can also include harassment, such as making derogatory comments or jokes about an employee’s gender identity or refusing to use preferred pronouns.
Ultimately, gender identity discrimination can be incredibly harmful to individuals, and make them feel isolated, unsafe, and undervalued in the workplace. This can lead to decreased job performance, decreased job satisfaction, and even mental health issues such as anxiety and depression.
What New York Laws Prohibit Gender Identity Discrimination?
New York laws protect individuals from gender identity discrimination in the workplace. First, the New York State Human Rights Law (NYSHRL) prohibits discrimination based on gender identity in employment, housing, and public accommodations.
Under the NYSHRL, gender identity is defined as “having or being perceived as having a gender identity, self-image, appearance, behavior, or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth.”
Additionally, the New York City Human Rights Law also prohibits gender identity discrimination. This law defines gender identity as “an individual’s actual or perceived gender-related identity, expression, or behavior, regardless of whether it differs from that traditionally associated with the sex assigned to that person at birth.”
In short, these laws make it illegal for employers to discriminate against individuals based on their gender identity. Employers must treat all employees and job applicants equally, regardless of their gender identity.
How A New York Employment Discrimination Attorney Can Help
If you believe you have experienced gender identity discrimination in the workplace, an experienced employment lawyer can help you understand your rights and take action against your employer, such as filing an administrative complaint or a lawsuit if necessary.
Your attorney can help you gather evidence such as witness statements, emails, and other documents, help you navigate the legal process, and advocate for your rights. Above all, a gender identity discrimination attorney can provide you with emotional support and guidance, and help you understand your options so you make informed decisions about your situation.
No one should have to face discrimination in the workplace, and it is important to take action to ensure that everyone is treated fairly and with respect. If you believe you have experienced gender identity discrimination in the workplace, talk to an experienced employment law attorney.