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A bit confused..

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RachelW:
Don't take this as sound legal advice, but I was a manager for four years and had to take classes on hiring practices and United States civil rights laws as they relate to hiring.

First, your comment about requiring a woman for a position: This is against the law, unless it's a genuine qualification for the job. The classic example of where this is the case is Hooters. They were sued by a man who wanted to serve tables and claimed that he was discriminated against based on his sex, but Hooters won the case because they were able to argue that being a woman is a bona fide qualification for serving tables at Hooters. (I think we all know why.) Jobs where being a woman is a genuine qualification are few and far between, and I'm almost positive that Cato and Claire's can't make a case for this.

Sex is an example of what's called a "protected class," and that's why it's illegal to discriminate on that basis. Unfortunately, being <transgender> is not a federally protected class, and unless the city or state you live in or the company you're applying to specifically protects <transgender> individuals, they're within their legal rights to discriminate against you. (Whether they're within their moral rights is another matter, but sadly that doesn't hold any weight.)

And again, this isn't legitimate legal advice, just something I picked up at my last job.

Edit: I found a list of United States jurisdictions with anti-discrimination policies that include transgender individuals. It's available here: http://transgenderlaw.org/ndlaws/index.htm. It looks like I'll be moving to Illinois soon. :)

Edit 2: Further research reveals that Hooters lost the case I mentioned above. Oops. :)

Dennis:
If you're in the states, disability is a protected ground of discrimination. If I were the lawyer on a trans case, I would try and argue both gender and disability. It ain't our fault we're born this way.

Another problem with applying for work as female might be your ID. If you have an obviously male name and haven't changed it, they'll probably find out if they do any kind of background check, if they have to remit taxes under your name, or if they just ask to see ID.

Dennis

Alicia:
All so intresting o.o

So lets get hypethetical here. lol :angel:

Lets say I'm fully dressed over and are a convincing looking/acting/(sounding-highley unlikley right now) and what not, and I apply for the job go to the interveiw and whatever.

now, lets say they ask for my ID and I give it to them (I have like 3 IDs) And I explain the situation. Would they not hire me because of it or could they just use my real name for my paycheck and my nametag be Alicia for the store? or something? lol  ??? ???

(makes me want to test it out XD)

Vanessa V.:
Oooh, thats a tough case....

On one hand, like Rachel said, it is against US Labor Laws to descriminate on the basis of sex. However, I would think that the water gets much murkier when it comes to TGs. I don't think the law has written in it the clear deliniation between sex and gender, and if so, I don't know then if Gender is a protected class....

Also, I'm pretty sure management has the right to hire who they please. If he doesn't take kindly to TG's, might be tough.

My advice is to take the bullet and just work and go like a male (at least just there at work). I predict its going to be a lot of hassel to find a job and all that. Heck, I can only imagine how hard it would be for me if I decided to go job hunting as an open CD. Although it may pain you to do it, and I don't blame you, you'll probably get hired much easier, get the money much faster, and can leave there much quicker....

But thats just my opinion, flawed sometimes as it is..... ;)

-Nessa

Alicia:
Think it would hurt to try dressed? and if it doesn't then go as *shudders* male?

Really appreciate your advice >.>

*hugs*

Alicia

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