Don’t Transition Transgender Employee out the Door

To date, the EEOC has filed two lawsuits against employers for discriminating against transgender employees.  Today, a settlement was announced in one of the two cases.  The settlement requires the employer to pay $150,000, implement a new gender discrimination policy, and provide training to management and employees “regarding transgender/gender stereotype discrimination.”  In the lawsuit, the EEOC alleged that the employer terminated the employee after she began to present as a woman and notified the employer that she was transgender.  The employee had previously performed satisfactorily and was terminated only after she began to transition from male to female.  From the EEOC’s perspective, the employer’s actions constituted discrimination on the basis of sex, “which includes non-conformance with gender stereotypes.”

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