The Employment Non -Discrimination Act (ENDA) has been proposed in congress to focus on gender identity discrimination in the private as well as public sector. While the Americans with Disabilities Act within the US explicitly exclude transgender people, many advocates have been able to successfully win cases on behalf of their transgender clients.
Do Transgender Employees Have Any Employment Protection?
Over the last decade and a half, federal appellate courts have begun to recognize the need to prohibit discrimination against transgender individuals as a form of sex discrimination at work. Karen DeSoto, a human rights activist, recalls the historic decision in 2012 by the Equal Employment Opportunity Commission’s (EEOC) for the Macy V. Holder case which was deemed a violation of Title VII of the 1964 Civil Rights Act.
This decision proves to be binding on the federal government and highlights that that transgender employees do have protection under the aforementioned title.
Furthermore, the title also supports public as well as private employees all over the country who feel that they have been discriminated against in a workplace environment. Transgender individuals have the right to file complaints with the EEOC, who in turn will investigate the complaint and pursue settlement or if relevant even file lawsuits.
4 years ago, in 2014, 18 states — along with the District of Columbia and 130 cities and counties all across the US — also banned discrimination against gender. Private companies too, are writing their own anti-discrimination policies that cover bias against transgender individuals.
The question is whether in the age of President Trump those gains will be lost.