Founder
A recent change at the EEOC raises serious concerns for LGBTQ+ workers across the country. The Equal Employment Opportunity Commission (EEOC)—the federal agency that investigates workplace discrimination complaints—reportedly told staff to stop prioritizing new transgender discrimination cases and to code these charges with the lowest categorization in the EEOC’s system typically reserved for meritless charges.
What Does This Mean?
That means if a transgender worker files a complaint about being treated unfairly or harassed at work because of their gender identity, the EEOC may not act on it right away—or at all. This move signals that employers can get away with discrimination against transgender workers, discourages transgender workers from filing complaints, and puts many employees at risk, especially those who already face higher levels of harassment, job loss, and unfair treatment simply because of who they are.
Know Your Rights
The EEOC is supposed to help protect workers from discrimination based on race, color, religion, sex, national origin, disability, age and genetic information. In 2020, the U.S. Supreme Court made it clear in Bostock v. Clayton County that discrimination based on gender identity is a form of sex discrimination and illegal under federal law. Transgender workers have the right to be treated fairly at work just like anyone else. That includes:
- Equal access to hiring, promotions, training, and advancement
- Not being fired or demoted for being transgender
- Not being harassed or bullied because of gender identity
- Not being retaliated against for complaining of discrimination
What Should You Do If This Happens to You?
Employees deserve to be safe, respected, and treated fairly at work. If you are a transgender employee who has experienced discrimination at work:
- Write down what happened (dates, names, what was said or done)
- Report it internally if possible
- Talk to an employment lawyer who represents workers right away
Even if the EEOC will not give you the same consideration as other employees facing unlawful discrimination, an experienced employment lawyer can help you understand your legal options, help you take all steps required by the law to enforce your rights (which still includes filing a Charge of Discrimination with the EEOC) and fighting for you in court, if necessary.
Why These Rights Exist
Laws that protect employees were created to ensure everyone can work without fear of discrimination, including LGBTQ+ workers. They help prevent harmful stereotypes from affecting someone’s job, pay, or promotion opportunities. Workers must remember that these rights were not just given to them freely. They were the result of hard-fought battles by people who spoke up and stood strong.
Discrimination is wrong—no matter who it targets. If you’re a transgender worker facing unfair treatment, remember you are not alone.
