Employment Discrimination and the Transsexual

[Mnemosyne]

EMPLOYMENT DISCRIMINATION AND THE TRANSSEXUAL
By: JoAnna McNamara

EMPLOYMENT DISCRIMINATION AND THE TRANSSEXUAL
TABLE OF CONTENTS
INTRODUCTION................................................1-3
FEDERAL LAWS................................................3-28
     Equal Protection.......................................3-17
     Sex, More Than Chromosomes.............................17-22
     Transsexualism as a Disability ........................22-28
STATE DISABILITY LAWS.......................................28-33
SHORT TERM STRATEGY.........................................33-34
LONG TERM STRATEGY..........................................34-36
CONCLUSION.....................................................36

[...]


This paper will look at the case histories under various
legal theories both federal and state, critique the analysis and
interpretation used by the courts in applying those statutes, and
offer possible short and long term strategies for protecting the
right of a transsexual to follow a recognized medical treatment
and remain employed.  For a transsexual the importance of being
able to remain employed has been recognized as one of the most
difficult of the problems he faces in resolving his gender
dysphoria. ". . . . the reason we have chosen the title 'Law and
Employment Policy' is because employment is one of the biggest
problems that our community, the transgendered community, does
have [5.]."



Posted on: August 04, 2008, 01:14:29 PM

See also:
Gender Discrimination in Transgender Workplace Transitions

Abstract: With the recent rise in transgender activism, transsexual people increasingly are attempting to openly transition from male to female or female to male and remain in the same job. Drawing on data from content analysis of legal and newspaper accounts of transsexual workplace issues, questionnaire data on transsexual workplace experiences, and in-depth interviews with transsexuals and co-workers, this paper suggests that transitioning from female to male at work receives more support from colleagues and superiors than transitioning from male to female. I argue that this greater support for becoming a man at work stems two sources: the extent of the appearance change brought on by transition, and longstanding divisions in how gender-crossing behavior for men and women is received.