Gender Identity Discrimination By Chanfrau & Chanfrau on March 20, 2023

woman sitting at an office desk with her head in her hands Gender identity discrimination occurs when an individual is treated unfairly or differently because of their gender identity or expression. This can include discrimination against transgender, non-binary, and gender non-conforming individuals.

The attorneys at Chanfrau & Chanfrau, with offices in Daytona Beach, FL, and Palm Coast, FL, can represent individuals who have been discriminated against due their gender identity. In this blog post, we discuss the types of gender identity discrimination and when individuals may have a case.

Employment Discrimination

Gender identity discrimination in employment can have a negative impact on a person's career, financial stability, and overall well-being. It's important for employers to have policies and practices in place to prevent gender identity discrimination and to create a safe and inclusive work environment for all employees. This type of discrimination can take many forms, including:

Hiring discrimination: When a person is not hired or is passed over for a job because of their gender identity or expression.
Firing discrimination: When a person is fired or let go from their job because of their gender identity or expression.
Pay discrimination: When a person is paid less or denied equal pay for equal work because of their gender identity or expression.
Harassment: When a person is subjected to verbal or physical harassment in the workplace because of their gender identity or expression.
Denial of promotions or other opportunities: When a person is denied opportunities for advancement or training because of their gender identity or expression.

In the United States, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex, which has been interpreted by the Supreme Court to include discrimination on the basis of gender identity. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including individuals with gender dysphoria or gender identity disorder.

Housing Discrimination

Gender identity discrimination in housing can have a significant impact on a person's well-being, financial stability, and access to safe and stable housing.

Refusal to rent or sell: When a landlord or property owner refuses to rent or sell to an individual because of their gender identity or expression.
Harassment: When an individual faces verbal or physical harassment in their housing environment because of their gender identity.
Denial of access to facilities: When a person is denied access to facilities, such as restrooms, based on their gender identity or expression.
Discriminatory terms or conditions: When a person is subject to discriminatory terms or conditions of their tenancy, such as being charged higher rent or security deposits because of their gender identity or expression.

Public Accommodations Discrimination

Public accommodations are businesses, organizations, or facilities that are open to the public, such as restaurants, stores, and government buildings. Discrimination based on gender identity in public accommodations can take many forms, such as denying services, segregating individuals, or subjecting them to differential treatment.

Education Discrimination

Gender identity discrimination in education can include denying individuals access to appropriate restrooms, locker rooms, or dress codes that align with their gender identity, or refusing to use their preferred name and pronouns. In addition, transgender and other gender non-conforming students often face bullying, harassment, and violence in schools, which can lead to negative academic and mental health outcomes.

Healthcare Discrimination

Transgender individuals and other gender non-conforming individuals often face barriers to accessing healthcare services, such as lack of insurance coverage for gender-affirming care or reluctance from healthcare providers to provide appropriate care.

To address gender identity discrimination in healthcare, healthcare providers can provide gender-affirming care, such as hormone therapy and gender-affirming surgeries. Additionally, insurance providers can offer coverage for gender-affirming care and remove exclusions for transgender-related healthcare services.