New York
Employment Attorneys Fight Gender Identity
Discrimination With Preserverence and
Passion
Rights of
transgender workers are now protected
statewide
Civil
rights advocates recently rejoiced when New
York Governor Andrew Cuomo issued an
executive order extending the state’s
anti-discrimination rules to transgender
people. Although New York City had already
enacted a local ordinance barring
discrimination based on gender identity,
with this regulatory change, the state of
New York joined only nineteen other states
providing the same protection at the state
level.
Because
this recent change is an executive order,
and not a legislative change, and because
expression of gender identity raises new and
unique workplace issues, many in the
transgender community now have questions
about exactly what new protections they may
now enjoy in New York. At the Manhattan law
firm of Hepworth, Gershbaum & Roth, PLLC our
knowledgeable New York City
employment law attorneys have paid close
attention to every legal development and
court decision affecting transgender
workers, both locally and beyond. We have
the skill and experience you need in your
corner when facing an employment law matter.
If you believe you have been discriminated
at your job because of your gender identity
or expression, we are ready to help you
fight back today.
What are my
rights as a transgendered worker?
In recent
years, many workers lacking these legal
protections have found themselves without
legal recourse after being subject to
harassment and termination. Courts have been
reluctant to extend laws prohibiting
discrimination on the basis of gender or
sexual orientation to gender identity.
Fortunately, transgender people in New York
are now specifically entitled to the same
protections in place to prevent
discrimination based on gender, race,
religion, disability and sexual orientation.
Employers are now prohibited from using an
applicant or employee’s gender identity as a
basis for decisions such as hiring, firing,
pay rate, promotions, assignments or fringe
benefits.
Some
common types of discrimination faced by
transgendered workers include:
·
Termination from a job upon discovery
or disclosure of transgender status;
·
Termination from a job after
beginning the transition process;
·
Being required to use employee
restroom facilities inconsistent with one’s
gender identity and presentation;
·
Harassing, hostile or intimidating
behavior from co-workers about one’s gender
identity, as well as management refusal of
supervisors to respond or investigate
complaints of such behavior from a
transgendered employee;
·
Being prevented from adhering to the
prescribed dress code for one’s gender
identity and presentation.
Besides
prohibiting both public and private
employment discrimination, transgendered New
Yorkers are now also protected from
discrimination when seeking housing,
education, loans, or at public
accommodations (such as restaurants.)
What can I do
if I prove that I was harassed or
discriminated against by my employer?
Employers
found in violation of New York’s
anti-discrimination rules now face stiff
consequences for such activity.
Discrimination claims can be filed with the
State Division of Human Rights, which
investigates each claim and can, after a
public hearing, award damages to parties
making valid claims while enforcing stiff
penalties and fines of up to $1000,000
against employers.
Transgender employers, however, should be
aware of the possible limits of their claim.
As New York is still an at-will state,
employers are entitled to terminate an
employee without cause; a transgender
employee must be able to prove that their
termination was actually based on their
transgender status. Claims of sexual
harassment are also subject to
interpretation by the courts; simple teasing
or offhand comments, for example, may fall
short of creating a sufficiently hostile
work environment under the law.
Also,
gender-restricted employee bathrooms
represent an issue for which an employer’s
legal obligations remain unclear, as most
employers successfully reach a solution
specific to their particular workplace,
either by enforcing a policy permitting the
employee to use the restroom suited to their
gender presentation, or by providing unisex
bathrooms.
Courts
have also traditionally upheld that an
employer is entitled to enforce separate,
gender-based dress codes and appearance
standards, such as only requiring male
employees to wear neckties and permitting
only female employees to have long hair.
Transgender employees should be certain to
adhere to the dress code policy in effect
for that gender which they present.
Because
case law on some of these issues can be
confusing, or does not yet exist, and
because discrimination protections against
transgender workers may not be available at
the federal level, it is important that
transgender New York workers seeking to
pursue an action against their employer
consult with an experienced New York
employment law attorney for guidance and
advice regarding their claim.
Trust our
experienced New York Employment Law
attorneys to help you fight against gender
discrimination
At the
Manhattan law offices of
Hepworth, Gershbaum & Roth, PLLC, our
skilled New York employment law attorneys
stand ready to help transgender employees
fight back against discrimination and
harassment. We have more than 70 years of
combined experience standing up to employers
ranging from Fortune 500 companies to local
businesses. For a free initial consultation,
and to find out more about your rights as a
transgender employee and New York’s
anti-discrimination protections,
contact us online or call us today at
212-545-1199.
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attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.
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