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Discrimination of Gender Identity and Expression in the Workplace
Discrimination of Gender Identity and Expression in the Workplace

Overview:

The definition of transgender is: of or relating to people who have a sexual identity that is not clearly male or clearly female. And the definition of Employment Discrimination is a form of discrimination based on race, sex, religion, national origin, physical or mental disability, and age by employers. And Discrimination of Gender expression or identity in the workplace encompasses the key points in both definitions.

KEY:

•	Statistics

•	Laws

•	Bibliography

1.	Statistics •	Trans people who lost their job: 26% (Turkewitz 2012). According to an article titled “Meet People Fired Being LGBT” in the Advocate, Adam Ackley, a professor at a Christian university in California came out as a transman who would like to seek a medical transition, was asked to step down from his position post coming out. The university claimed that his gender identity was in conflict with their evangelical Christian doctrine. According to a university official, “While we appreciate Dr. Ackley’s past service and pray God's best for the journey ahead, we have reached a mutual agreement that recognizes it would be best for Dr. Ackley to pursue professional endeavors elsewhere," read a statement issued by the university October 7, confirming that would be Ackley's last day on campus.” (Brydum, 2013)

•	Trans people harassed on the job: 50% (Turkewitz 2012). According to the article, “Discrimination Against Transgender Workers,” from the Human Rights Campaign website, Jason, a transman who worked at an Ivy League university communicated with his supervisors about his intention to transition, asking that they acclimate his co-workers to the situation. His supervisors refused. Jason experienced harassment about using the male-designated restroom. Prior to coming out, Jason had no negative job performance evaluations. According to the article, “Jason later discovered that e-mail correspondence from colleagues charging him of "uselessness" and "incompetence" had been placed in his file. Jason told HRC that he was looking for new employment.” (Human Rights Campaign)

•	Trans people of color: 26% unemployment rate (double the average rate) (The Root, 2013) In the article, “Transgender People of Color: Still fighting for Equal Rights” Janet Mock, A well respected figure in the transgender community, and a former writer and editor for PEOPLE magazine raises the question, “How can a trans woman of color get a job if it is not safe for her to step outside her home -- if she's blessed enough to have a home? If she can't change her gender markers on her ID because she doesn't have access to funds that would allow her to file that paperwork, or her state doesn't allow her to change her documents? If she doesn't have access to affordable health care that would allow her a safe, monitored transition? If she's stopped, questioned and frisked because she's profiled as a sex worker?” she goes on to say, “There are systemic oppressions that our sisters, brothers and siblings are faced with that broad coalitions fighting for racial, gender, social and economic justice must begin banning together to address from an intersectional lens that truly looks beyond laws and begins addressing the lived experiences of those most marginalized.”

2. Laws •	Discrimination laws: their lack of coverage ( (EEOC, 2009) “The Title VII of the Civil Rights Act of 1964 (Title VII)” covers mMany different types of workers, but not transgender people. Since transgender people don’t exactly fit in any one category, employers are able to discriminate with no chance of repercussions. “The Title VII of the Civil Rights Act of 1964 (Title VII)” only prohibits employment discrimination based on race, color, religion, sex, or national origin, ,” but not gender. The law covers discrimination based upon sex but not gender. Many people assume that sex and gender are the same thing, but they are not. Sex is determined by genitalia, gender is determined by presentation, personality, and identification. That being said the Title VII law does not keep employers from discriminating based upon gender Bibliography Brydum, S. (2013, December 13). The Advocate. Retrieved March 13, 2015, from http://www.advocate.com/year-review/2013/12/18/meet-people-fired-being-lgbt-2013?page=full EEOC. (2009, November 21). Retrieved March 9, 2015, from http://www.eeoc.gov/facts/qanda.html EEOC. (2009, November 21). Federal Laws Prohibiting Job Discrimination Questions And Answers. Retrieved March 14, 2015, from EEOC.gov: www.eeoc.gov/facts/qanda.html Human Rights Campaign. (n.d.). Retrieved March 13, 2015, from http://www.hrc.org/resources/entry/discrimination-against-transgender-workers Lambda Legal. (n.d.). Retrieved March 10, 2015, from http://www.lambdalegal.org/know-your-rights/transgender/trans-workplace-faq The Root. (2013, July 13). Retrieved March 13, 2015, from http://www.theroot.com/articles/politics/2013/07/transgender_people_of_color_still_fighting_for_equal_rights.html Turkewitz, J. (2012, June 21). Transgender Rights in the Workplace Are Still Unclear. Atlantic.