Gender identity is a popular topic in our country right now. So, it should be no surprise that there are plenty of employees suffering from gender identity discrimination in their workplace.

Gender identity has undergone a change over the last few years, and more people are facing issues because of their choices. All American citizens have the same rights. Regardless of the gender, you identify with, you can’t be discriminated against or harassed because of your choices. Gary Falkowitz is an experienced gender identity discrimination lawyer in New York City.

More often than not transgendered workers are discriminated against because of misinformation. Colleagues or bosses do not agree with their lifestyle, and they don’t know enough about it. Instead of taking the time to get to know a transgender person, they’d rather harass them and force them to quit.

In a lot of situations, employers won’t hire transgender people under any circumstances. A company cannot pick and choose who they will hire based off an applicant’s gender identity. It is illegal to discriminate against a person because of their gender choice. We understand the sensitive nature of your case, and we want to get you the justice that you deserve. If you have been a victim of gender identity discrimination, contact us today!


What laws protect transgender employees?

Transgender issues are so new that there isn’t any specific legislation, yet. However, there are many laws that protect the civil rights of every American. Some of these include:

Equal Employment Opportunity Commission (EEOC): This is a federal agency that makes sure there is no discrimination in the workplace. So, the EEOC decided that discrimination against transgender employees is a type of gender discrimination. According to the Civil Rights Act, a person cannot be discriminated against on the basis of their gender.

Human Rights Law: In the state of New York, the Human Rights Law protects transgender workers on the basis of gender discrimination. There is legislation that is currently pending, known as the Gender Expression Non-Discrimination Act (GENDA). This law would prohibit discrimination in New York State based on gender identity. There is also an order in place that prohibits gender identity discrimination in the state government of New York.

There are many municipal governments that have enacted protections for transgender citizens. Some of these cities include New York City, Buffalo, Ithaca, Rochester, and Albany. The counties of Tompkins, Westchester, and Suffolk also have ordinances in place. Much of the state’s population resides in these areas, so transgender workers have a significant amount of support.


What are some examples of gender identity discrimination?

Transgender discrimination is often treated like any other type of workplace discrimination. However, protection for the transgender worker does vary based on the location in the state of New York. Some of the most common examples of gender identity discrimination are:

  • Not hiring an applicant because they are transgender
  • Demoting an applicant because they are found out to be transgender
  • Firing an employee because of their gender identity
  • Putting a transgender employee in a position to limit interaction with the public
  • Harassing transgender employees
  • Not handling harassment directed at transgender employees
  • Not treating a transgender employee, the same as other employees

Even though there isn’t a federal law to protect transgender employees, many states have adopted temporary acts to protect these individuals. Discrimination, because of any personality trait, is illegal. Transgender people are just like everyone else, and they can enrich workplaces and other people’s lives.


I feel like I am a target of gender identity discrimination

You do not have to put up with discrimination in your workplace based on your gender identity. Contact a lawyer experienced in handling discrimination cases. Gary Falkowitz wants to fight for your rights in the workplace. Call our office today to schedule your free consultation.