I’m sorry to hear that you are being harassed at work because you are transgender. Anyone who is sexually harassed at work has a cause of action against the employer. Sadly, surveys show that a high percentage of transgender individuals are harassed and/or mistreated on the job.
Under both state and federal law, it is illegal to sexually harass anyone at work for any reason. Harassment could include comments of a sexual nature or offensive remarks about a person’s sex or gender. The harassment has to be so frequent or severe that it creates a hostile or offensive workplace environment. The harasser may be a supervisor, coworker, or even a customer.
When a transgender individual is transitioning to a new gender, comments about the transition may be normal. Offhand comments about the physical changes or friendly banter are not illegal. The comments become illegal, however, if they are serious or pervasive enough to make the workplace hostile. These cases are very fact-dependent – whether or not your workplace could be considered a hostile work environment will depend on the facts of each situation.
If you are a transgender individual and you believe that you are being illegally harassed at work, you should speak with an attorney. Call me, Conal Doyle, employment attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.