Legal Insight
Home
Complete archive of features and news articles, sample policies and procedures, assessments, and surveys.
Network and exchange ideas with other members in the forums or ask an expert in one of the hosted forums.
Access vendor directories, product case studies and showcases.
Read Best in Shows, view our conference calendar, read commentaries and take our news poll.
The Hot List
Blogs
Topic Channels
Comp, Benefits, Rewards
HR Management
Legal Insight
Recruiting and Staffing
Software and Technology
Training and Development
= Member Only
Workforce HR Jobs
Post Your Job
Post Your Resume



Subscribe Now
Workforce Magazine
Subscriber Help
























= Member Only


Feature:

Man Decides to Become Woman, Gets Fired

  

Protections for Transgender Workers on Rise


Although federal law does not explicitly prohibit organizations from firing transgender workers, that doesn’t mean companies won’t be sued for such terminations. Nine states and almost 100 local jurisdictions, from Key West, Florida, to Tacoma, Washington, have passed laws protecting transgender employees in the workplace.
By Matthew Heller
ity commissioners in Largo, Florida, were not explicitly prohibited under federal law from voting to fire City Manager Steve Stanton after he disclosed his plan to have a sex-change operation. But discrimination law experts warn that any employer who takes similar action against a transgender employee may face a host of legal troubles.

    "I don't think there's any jurisdiction where it's quote-unquote ‘safe’ to discriminate," says Christopher Daley, director of the Transgender Law Center.

    The federal appeals courts are currently split over whether Title VII of the Civil Rights Act protects transgender or transsexual employees from discrimination. The 6th U.S. Circuit Court of Appeals took the biggest pro-plaintiff leap by ruling in 2004 that a transgender firefighter—who had notified his boss he would be presenting himself as a woman at work—could sue the city of Salem, Ohio, for "sex stereotyping based on a person's gender nonconforming behavior." But that decision is binding only on courts in Ohio, Michigan, Kentucky and Tennessee. In the U.S. court district that covers Largo, a judge in 1999 dismissed a transsexual's Title VII claim.

    Outside the 6th Circuit, Title VII liability is "questionable, very questionable," says Jillian T. Weiss, a professor of law and society at Ramapo College in New Jersey who consults with companies on transgender issues. "Ultimately, [the issue] will be going to the Supreme Court."

    But as Michael Silverman, executive director of the Transgender Legal Defense & Education Fund, points out, "Title VII is definitely not the end of the story here." Nine states and almost 100 local jurisdictions, from Key West, Florida, to Tacoma, Washington, have passed laws protecting transgender employees in the workplace. A recent amendment to the New Jersey Law Against Discrimination extends its coverage to persons defined as "having or perceived as having a different gender-related identity or expression than the one typically associated with a person's sex or birth."

    Plaintiffs who sue employers under such laws are entitled to seek compensation for lost wages, reinstatement and even punitive damages.

    "Twenty-five to 30 percent of the population is now covered by transgender-inclusive nondiscrimination ordinances," Silverman says.

    Another possible legal avenue for transgender plaintiffs is a disability bias claim. "You can argue that somebody who is undergoing sex-reassignment surgery has been diagnosed with gender identity disorder," Silverman explains. "That puts them within the protection of disability rights law." An administrative tribunal in Florida upheld such a claim in the case of a transsexual corrections officer, rejecting the employer's argument that inmates would not respect a transsexual.

    In Largo, Stanton has expressed reluctance about taking the city to court, saying it would be "like suing my mother." But Weiss believes a suit "could make a very good test case. There's nothing to suggest the city had any reason to fire him other than the disclosure of his gender identity."

    Of course, it may be easier for private employers to hide bias—after all, they don't hold public hearings on personnel matters. But according to Weiss, the Largo controversy is a clear wakeup call for both the public and private sectors.

    "It shows that not only is this a legal issue, but a PR issue," she says. "This isn't publicity you want at all."

Workforce Management Online, March 2007 -- Register Now!


Matthew Heller is a freelance writer based in Los Angeles. E-mail editors@workforce.com to comment.

Top of Feature | Features Archive

           
E-mail this document Printer-friendly version Write to the Editor Reprint Information

Reproductions and distribution of the above article are strictly prohibited. To order reprints and/or request permission to use the article in full or partial format, please contact our Reprint Sales Manager at (732) 723-0569.



Feature Contents
Top of Feature

1. Protections for Transgender Workers on Rise


Similar Documents

Related Topics



Sponsored Tools

Unleash the Superstar Potential of Every Employee
Need the Right Tools to Maximize Employee Performance? Download this FREE “Superstar Performers” Kit


Discover PCRecruiter HR Solutions
Versatile web-based HR solutions used by nearly 3000 organizations worldwide. Schedule a demo now!


Quickly Comply with HR Regulations using TriNet
Total HR solutions designed for growing companies: Contact us today!


Get Coaching Certification at Columbia University
Focus: executive and organizational coach for discerning, high impact professionals–contact us today


Disability & Business Technical Assistance Ctrs
Information and training on the American with Disabilities Act. Contact your regional center today!


Get Listed >>>

 


 Workforce Blogs

The Business of Management
Workforce Management editor John Hollon analyzes and comments on business, management and the art of leading a workforce.

Workforce Washington
Washington staff writer Mark Schoeff Jr. provides an insider’s insights to the workings of our nation’s capital from the workforce management perspective.

Global Work Watch
Staff writer Ed Frauenheim blogs about how companies worldwide marshal and manage their workers.






Copyright © 1995-2008 Crain Communications Inc.
All Rights Reserved. Terms of Use Privacy Statement