Quote from: Aiden James on September 12, 2010, 09:38:52 PM
Also, do remember that in most states it's legal to fire or not hire you because of your transgender status.
It's true that most states and municipalities don't have local laws prohibiting such discrimination, but almost every Federal Circuit Court in the U.S. has ruled that Title VII prohibits discrimination on the basis of sex stereotyping, and that includes discrimination against transitioners. However, Title VII only applies to employers who have more than 15 employees (or maybe its "at least" 15 employees, I'm not sure). Also, unless the employer is foolish enough to say that the termination or failure to hire was because of transition, then the employee has the burden to show that the reason given was a pretext, and that can be hard to do.
One example where the employer got away with it was when they said they were afraid of getting sued by members of the public as a result of the employee's extpressed intention to use the public restrooms of the destination gender. That's one of the worst cases out there, and it is in the one circuit that has not not really recognized the application of the Supreme Court's Price Waterhouse "Sex Stereotyping" line of cases to trans persons.
Another example where the employer got away with it was when the employee said they were trans, but promised never to transition; so the termination in spite of the employees adherance to sex stereotypes, not becasue of failure to adhere to them.
However, there have been many cases where the transitioning employee prevailed.