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Can your employer fire you for changing your gender?

| Jun 8, 2021 | Sexual Harassment

Gender fluidity is something that is somewhat new and changing in society. Though there have always been people who identified as the opposite gender or as none at all, it was not as prominent as it is in society today (nor as acceptable). 

As someone who is gender fluid or transgender, it’s your right to work in a safe environment. You deserve to be able to transition or dress the way you feel best represents the way you identify without facing gender discrimination.

It’s not legal to fire you for being gender fluid or transgender

In the majority of cases, especially for government employees, it is not legal to fire someone for changing their gender or for presenting themselves in a way that is not consistent with gender stereotypes. It doesn’t matter if your public gender identity has changed since you were hired, either. 

While the law in this area is still developing, the vast majority of courts have held that discrimination based on someone’s gender identity or outward adherence to a specific set of gender norms is sex-based discrimination — which is prohibited by law under Title VII of the Civil Rights Act of 1964

Your employer also has an obligation to make sure that you aren’t subjected to negative or discriminatory treatment from co-workers, supervisors or customers based on your gender identity or expression. 

What can you do if you were discriminated against because of your gender identity?

Despite the changing attitudes in society towards transgender and nonbinary or gender-fluid people, old prejudices can sometimes rear up in surprising ways. If you have been wrongfully terminated from your job because you don’t conform to archaic notions of gender, there is help available.

Working with an attorney can help you better understand and assert your rights. It’s also the best way to protect your future. 

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