New York City Gender Discrimination Lawyers Protect Transgender Rights

New York City gender discrimination lawyers have seen a growing number of cases involving transgender people. As society gains a better understanding of transgender status, gender identity and gender expression, new protections have been put in place to protect people from harassment and bias based on these characteristics.

New York Laws Protect Transgender Rights

In 2015 New York State Governor Andrew Cuomo issued the first statewide regulations protecting transgender individuals from employment and other discrimination. New York City, however, has been protecting the transgender workforce for well over a decade. In 2002, the New York City Council passed the Transgender Rights Bill to expand the scope of the existing New York City Human Rights Law (NYCHRL) protecting individuals from gender discrimination.

According to the New York City Commission on Human Rights, the legislative intent of the bill was to ensure protection for people whose “gender and self-image do not fully accord with the legal sex assigned to them at birth.” The law explicitly prohibits discrimination against transgender people.

Transgender Employment Discrimination is Treated as Sex Discrimination in New York City

Under NYCHRL “It is unlawful to refuse to hire, promote, or fire an individual because of a person’s actual or perceived gender, including actual or perceived status as a transgender person. It is also unlawful to set different terms and conditions of employment because of an employee’s gender,” including actual or perceived status as a transgendered person.

Terms and conditions of employment include things such as training, hiring, firing, assigning work, benefits, compensation and, and keeping the workplace free from harassment.

Gender Identity Discrimination is Unlawful in New York

Discrimination based on gender identity is unlawful in New York yet remains prevalent across the United States. According to the 2011 National Transgender Discrimination Survey, transgender or non-gender-conforming people, when compared to the rest of the population, are:

  • four times as likely to make less than $10,000 a year
  • twice as likely to be unemployed
  • and 47% of them were fired, not hired, or denied promotions because of their identity

If you have been the victim of gender discrimination or harassment in New York City, it is important that you understand your rights. You may be entitled to compensation or other damages.

New York City transgender discrimination attorneys at Leeds Brown have a wide range of experience with all types of employment discrimination cases. Our lawyers believe that the best approach to such cases is collaborative and hands-on. We have the ability to thoroughly investigate your discrimination claim, file the necessary administrative complaints and successfully navigate the complex waters of a civil case if necessary. Our hardworking staff is passionate about protecting the rights of New York City workers. Contact Leeds Brown to discuss your gender discrimination matter.

What is New York City Transgender Discrimination?

NYCHRL demands that employers follow certain rules to help them avoid discriminating against transgender employees.

For example, NYCHRL requires that employers use an individual’s preferred pronoun, name and title, regardless of the person’s gender assigned at birth, appearance, medical history or gender. An employer is permitted to ask someone what their preferred gender or pronoun is.

Employer violations of this requirement may include:

  • Conditioning the use of a preferred name on a court ordered name change or production of identification with that name – For example, calling a transgender woman Joe, the name on her driver’s license, despite repeated requests to be called Jill.

  • Repeatedly ignoring requests to call an individual by their preferred name, pronoun or title. For example, after a transgender woman asks to be called Ms., you continue to call her Mr. or refer to her as him.

Use of Single-Sex Facilities Consistent with Gender Preferences

Under NYCHRL, employers are also required to allow transgender individuals to use single-sex facilities consistent with their gender and gender identity, regardless of the gender assigned to them at birth.

Employer violations of this requirement may include:

  • Preventing or prohibiting a transgender woman from using the women’s restroom
  • Forcing a transgender individual to use a single-occupancy restroom to avoid making others uncomfortable
  • Requiring proof of identity or medical treatment before allowing a transgender individual to use a same-sex facility.

Discrimination Based on Refusal to Comply with Stereotypes is Prohibited

Employers may not discriminate against individuals based on their refusal or inability to conform to sex or gender-based stereotypes.

Violations of this include:

  • Using anti-gay language speaking to or about someone and their non-conformity with gender norms
  • Enforcing a policy preventing men only from wearing make-up or jewelry to work

There are many other ways in which employers may violate NYCHRL prohibiting gender and transgender discrimination. It is unlawful for an employer to provide services or benefits that discriminate based on gender. Chosen health care plans must cover transgender care. It is unlawful to offer benefits to opposite-sex spouses and not same-sex spouses.

Harassment against someone based on their status as transgender, their sexual identity or their gender non-conformity is also prohibited. It is unlawful for an employer to retaliate against a transgender individual for exercising their rights to prevent or stop New York City discrimination or harassment.

Victims of Employment Discrimination Have Rights – Contact New York City Gender Discrimination Attorneys to File Claims

If your co-workers have harassed you or made you feel unsafe because of your gender, you may be a victim of discrimination. If your employer has refused to grant you a deserved promotion, has fired you or made any other employment decision based on your gender identity, you may be a victim of discrimination.

New York City transgender discrimination attorneys at Leeds Brown are here to help if you think your employer has treated you in an unlawful manner because of your gender or gender identity. We handle hundreds of discrimination cases and once we learn the facts of yours, can work with you to determine the best course of action to lead you to the outcome you desire.

Our team of discrimination lawyers takes a collaborative and hands-on approach to all cases. This approach means that Leeds Brown clients receive attentive and responsive representation.

New York City gender discrimination cases are what Leeds Brown does best. Our attorneys are fully equipped with the knowledge and experience to guide you with compassion through the process of investigating your case, filing an administrative claim and representing you at trial if that is what is best. Our NYC discrimination attorneys are not afraid to go the distance if it means securing the results you deserve. Our track record of successful verdicts proves this.

Call New York City sex discrimination lawyers at Leeds Brown today. There are time limits imposed on filing gender discrimination claims, and we can’t determine how much time you have until we hear the facts of your case. Someone is available to take your call 24/7 at 1-800-585-4658. We look forward to hearing from you.

 

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