Transgender Workplace Rights in 2016


Societal standards change rapidly. The law moves at a much slower pace and oftentimes battles to stay aware of social change. In most cases, the law on the books is rather archaic when compared to the attitudes and happenings of the modern world.

You don’t have to read long, history books to notice change.We can see the meeting of law and societal movements inside our own working environments. Just look inside your own place of employment to notice how change has been effected over the years.

The previous summer, in 2015,the SCOTUS decided that same-sex marriage is a new tradition that must be adhered to. While this choice tremendously affected the individual lives and convictions of people, it equally affected work discrimination claims. On the heels of the Supreme Court’s choice, the EEOC held that victimizing individuals though sexual discrimination is an actionable claim for wronged employees, even against high level managers.

The social movement has gone way beyond just allowing gay marriage and extending workplace protections, the law is endeavoring to stay aware of more prominent societal acknowledgment of transgender workers. Right now, changes in the law generally concentrate on restroom access. Nonetheless, we suspect sooner rather than later much more prominent changes influencing transgender representatives in the workplace.

On June 1, the Occupational Safety and Health Administration (OSHA) distributed a manual for restroom access for transgender people, ordering that all businesses furnish staff members with sterile and accessible latrine facilities. The aide expressed that since sexual orientation character is an inborn part of every transgender’s ordinary life, “limiting people to utilizing just restrooms that don’t match their personal sexual choice, or isolating them from different employees by obliging them to utilize unmarked or other distinctly unique restrooms, singles those workers out and may make them dread for their physical security.” Clearly, the law and society as a whole is nearing towards a fair bathroom policy for all types of people.

OSHA orders that all businesses create arrangements that permit access to restrooms for transgender workers. It doesn’t give a particular mandate in the matter of how a business must meet the standard, basically just that the business must do as such.

OSHA further commands that a business has the obligation to give a protected work environment to all paid employees. That obligation expresses that the business must shield all representatives from physical harm, teasing or harassment, insensitive acts or other debilitating, troublesome conduct at the worksite. Failure to follow OSHA will result in hefty fines and other penalties. One Sacramento based criminal lawyer also suggested that some jurisdictions may impose criminal penalties for this type of discrimination.

Notwithstanding OSHA punishments and fines, a business might be sued by a transgender person for improper treatment in the form of workplace discrimination. In 2012, the EEOC held that government transgender laborers will be protected against acts of physical or verbal harassment, like the more customary cases related to sexual or age discrimination and/or prejudicial acts. Transgender workers may record a grievance with the EEOC for any of these types of claim. EEOC will assist them in getting their case off the ground and starting the grievance process.

On the off chance that an objection prompts a claim and the worker wins, the outcome could be a mandate to re-employ the person, to require that the person receive a promotion within the company, or some type of financial benefit such as damages. It is also possible that a wronged employee could get an injunction against the offending behavior or a cease and desist order.