Top 10 Actions That May Constitute Discrimination Against Transgender Workers

1. Terminating or failing to hire someone because they are transgender.
2. Limiting a transgender employee’s interaction with customers because they might not be “comfortable” with the person’s gender expression.
3. Prohibiting a transgender employee from dressing or appearing in accordance with their gender identity.
   Common variant: Applying a dress code more strictly for a transgender woman than for other women.
4. Denying a transgender woman access to the women’s restroom, or denying a transgender man access to the men’s restroom.
   Common variant: Requiring a transgender employee to use a gender-neutral restroom.

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5. For sex-segregated jobs or tasks, requiring a transgender man to work as a woman, or a transgender woman to work as a man.
   Example: A transgender man who worked as a police officer was frequently asked by coworkers to pat down female suspects.
6. Repeatedly calling a transgender person by the wrong pronouns or name.
7. Asking inappropriate personal questions about a transgender person’s medical treatment or their body parts.
8. Outing” a transgender person to others without permission. A person’s transgender status is private medical information that is protected under laws like HIPAA.
9. Requiring a transgender person to present a birth certificate or a court-ordered name or gender change before the employer will agree to respect their gender identity.
10. Having discriminatory exclusions for treatment related to gender transition in an employee health plan.

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