EEOC Issues Landmark Ruling for Transgender Employees

The Equal Employment Opportunity Commission (EEOC) issued a sweeping judgment regarding the rights of transgender individuals in the workplace. Tamara Lusardi, who transitioned from a male, to living as a female, sued her employer for not treating her as they would any other female employee. The Commission found her former employer’s actions to be a violation of her civil rights.

The focus of the employee civil rights lawsuit was that she was not allowed to use the women’s restroom. The ruling establishes a clear precedent that transgender people have the right to use the restroom of the gender they are living with. Lasardi was asked by her employers to use the unisex bathroom for individuals. This isolation, disguised as an accommodation, was not accepted by the Commission. Treating Lasardi differently than any other female on the staff was inherently discriminatory and a violation of her civil rights.

A side issue from Lasardi’s case was the harassment that she underwent after she transitioned during her time at the office. Her supervisors continued to call her by her male name and use male pronouns when referring to her. Our New York City employee rights attorneys at Hepworth, Gershbaum and Roth, PLLC have had impressive success in workplace harassment cases like these in state courts. The importance of this new ruling is that it sets a precedent in the Federal Court system and extends the protections of transgendered individuals in the workplace.

The EEOC’s ruling should be applauded for helping a vulnerable class take a stand for their rights. The decision sends a message to employers: every employee deserves basic respect and dignity. Everyone has the right to earn an income peacefully, without ridicule.

The New York City employee rights attorneys at Hepworth, Gershbaum & Roth, PLLC help anyone who has had their civil rights violated in the workplace. We provide compassionate and attentive legal representation to every client. To schedule a free initial consultation, call us at 212-545-1199 or contact us online.