Whether intentional or unintentional, gender identity discrimination occurs in the workplace. To protect yourself from this bias and combat it, it is essential to be aware of your rights. Gender identity discrimination may impact you in the following areas of your work:
- Performance reviews
- Work assignments
- Leadership/promotions
- How coworkers perceive you
- How coworkers treat you
Can my employer legally discriminate against me because I am an LGBTQ+ community member?
No, gender identity discrimination is illegal in California, and it is illegal for your employer to discriminate based upon it. The California Fair Employment and Housing Act asserts that people cannot be discriminated against because of sexual orientation or gender expression.
Anti-discrimination is further ingrained in law with Title VII of the Civil Rights Act of 1964, prohibiting employment discrimination based on sex. In 2020, the United States Supreme court asserted that Title VII includes employment discrimination against individuals who are transgender.
Title VII prohibits discriminatory employment actions. This includes any action that uses a person’s sex or sexual orientation as a factor in their decision-making process. These actions include, but are not limited to, the following:
- Hiring
- Firing
- Work training
- Work assignments
- Discipline
- Benefits
- Salary
- Overtime pay
If you suspect that your employer is discriminating against you through some of the above actions, you may be able to file a lawsuit.
LGBTQ+ Diversity and Inclusion
It is vital to make sure your LGBTQ+ employees feel comfortable and included in the workplace as an employer. As an LGBTQ+ individual looking for a job, one is likely to think it’s important to be employed by a company that values its LGBTQ+ employees and values diversity. The following list may provide ideas an employer might want to consider creating a more inclusive environment. It is also something an employee might consider in a job search.
- Have an environment where people feel comfortable sharing their full identity
- An office needs to cultivate an office culture where differences are celebrated. People may want to share personal information about themselves, and they should be able to do so freely without the judgment of their employer.
- At the same time, do not expect anyone to ‘out’ themselves
- Coming out can be intimidating, so there should not be an expectation that everyone is required to be completely open and honest. Be respectful and courteous towards those who do not want to share all aspects of their identity.
- Set expectations: make sure all employees uphold these diversity and inclusive values
- Communicate this expectation with other employees and the employer. Office culture can have a significant impact on an individual’s comfort level.
- Gender-neutral restrooms
- If possible, try to have gender-neutral restrooms. If it is not possible, respect one’s decision to use the restroom of their choice.
- List pronouns and use preferred ones
- Stating one’s preferred pronouns and using others’ preferred pronouns can help transgender and nonbinary employees feel more included in the workplace. Acknowledging and using pronouns can be done by having people state their preferred pronouns during introductions or consider having pronouns within each person’s email signature.
- Make sure they are neutral in terms of gender stereotypes — some are sexist towards women
- For instance, if referring to someone in a position of power, do not automatically assume it is a “he.”
- Make sure that all anti-harassment, bullying and discrimination policies include LGBTQ+ individuals
- A lot of companies lay out what they classify as harassment and bullying. By recognizing LGBTQ+ individuals expressly, protection is guaranteed to this community.
- Training on inclusivity
- Employers need to have a form of inclusivity training to make sure that employees understand what the expectations are and that they know how best to foster a work environment that is diverse, creative, and inclusive.
Some examples of what to include in inclusivity training may include the following:
- Inclusivity language
- Tackling implicit biases
- Gender-neutral language
- What to do if someone is being harassed or discriminated against
- How to be an ally
Frequently Asked Questions
Is my employer allowed to stereotype me? Does that count as discrimination?
An employer is not permitted to discriminate against their employee because of sex-based stereotypes. They are not allowed to tell or require an employee to behave more “masculine” or “feminine” in their actions.
Can an employer prevent transgender people from presenting in the way they please?
It is illegal for an employer to prohibit an employee from dressing or presenting themselves in a manner consistent with their gender identity. Prohibiting this freedom of expression is considered gender identity discrimination.
Is an employer or coworker allowed to make disparaging comments about my sexual orientation or gender identity?
It depends on the nature of the comments. The U.S. Equal Employment Opportunity Commission states that simple teasing or isolated incidents may not be prohibited. The law does prohibit harassment. If the disparaging comments are frequent and create a hostile work environment or the comments result from an adverse employment decision, they should be prohibited.
In a job interview, is an employer allowed to ask me what sexual orientation is or my gender identity?
Either directly or indirectly, an employer may not legally ask about sexual orientation or gender identity. An employer is also not allowed to ask you to disclose this information on a job application.
Can an employer prevent someone from using the restroom that corresponds with their gender identity?
Your employer may not prevent you from using the restroom that matches your gender identity or ask you to provide identification to prove your gender.
Contact Pride Legal
If you or a loved one has been involved in workplace issues and need legal representation, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.