by Tracey E. Diamond, Esq., Pepper Hamilton LLP, Philadelphia
Although most employers have policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many have not yet added gender identity to the list of protected categories.
The lack of protection has real consequences for transgender individuals. As many as 80% of transgender employees report having experienced some form of discrimination at work.
No federal law prohibits employers from discriminating against transgender individuals. However, 18 states and the District of Columbia expressly ban discrimination based on gender identity, as do many cities and counties.
In July 2014, President Obama signed an Executive Order prohibiting discrimination against gay and transgender workers in the federal government and its contracting agencies.
In 2012, the EEOC ruled that discriminating against transgender employees constitutes sex discr...(register to read more)