Terminating or failing to hire someone because they are transgender.- Limiting a transgender employee’s interaction with customers because they might not be “comfortable” with the person’s gender expression.
- 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.
- 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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- 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.
- Repeatedly calling a transgender person by the wrong pronouns or name.
- Asking inappropriate personal questions about a transgender person’s medical treatment or their body parts.
- Outing” a transgender person to others without permission. A person’s transgender status is private medical information that is protected under laws like HIPAA.
- 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.
- Having discriminatory exclusions for treatment related to gender transition in an employee health plan.
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