Essay - Employment Law - Transgender Discrimination Employment Discrimination and Transgender Issues...

Employment Law - Transgender Discrimination

***** DISCRIMINATION AND TRANSGENDER ISSUES

Abstract:

***** gender identity is a bon***** fide sexual ***** that is no different from traditional identification with one's biological gender. Nevertheless, in many respects, transgender individuals are subjected to intense social discrimination including discrimination in the workplace. Federal law prohibits vocational discrimination based on gender, but trans***** orientation is not specifically included in the def*****ition of gender or sex in federal statutes or those of ***** states.

A few states have amended their employment discrimination laws, but other only provide relief predicated on violations such as ***** by virtue of characterizing **********ism as political activism triggering statutes prohibiting discrimination against political *****. Other states have provided relief based on existing state ***** prohibiting discriminati***** by virtue of *****ual preference, ***** that avenue is not available to transgender individuals who are not homosexual. Similarly, transgender individuals in certain jur*****dictions must resort to laws prohibiting discrimination based on disabilities, ***** characterizing transgenderism as a psychological disability. Only very recently have courts begun ***** recognize that transgenderism is neither an illness nor a valid b*****is for discrimination, but merely a relatively rare m*****ifestation ***** otherwise *****mal human sexual development ***** roots in the same ***** mechanism that, much more often, result in the traditional gender orientation that comports with social expectations of gender, gender identity, and human **********. In one potentially pivotal case, the United States Supreme Court has rejected the argument that transgenderism cannot, by law, fit within the existing legal definitions of sex and gender, allowing ***** plaintiffs to establish liability by presenting ********** that transgenderism is indistinguishable from other aspects ***** human gender. It is widely anticipated that the outcome of that case will bring greater conformity to contemporary U.S. law ***** protecting trans***** ***** from ***** discrimination to the ***** degree as other ********** ***** gender ***** human sexuality.

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During the last several decades of ***** 20th century, medical science evolved sufficiently to *****fer surgical intervention in the form of gender reassignment procedures ***** allow *****dividuals with transgender identity issues to alter their external anatomical structures to comport with ***** psychological gender orientation. Typically, these procedures are preceded by extensive psychological screening as well ***** long-term horm***** treatment prior to any surgical procedures. Whereas previously, transgender identity was considered to represent manifestations of pathological ***** issues, the modern understanding in the ***** and psychological community is that its roots are largely biological rather than psychological or psychosocial abnormality (Gerrig & Zimbardo 2005). However, in ***** the same way ***** homosexuals have endured ridicule, abuse, and harassment from coworkers, transgender individuals have also been subjected to negative comments ***** coworkers ***** to unjustified disparate treatment by supervisors and administra*****rs. Typical examples include workers ***** superior work records being demoted and fired after disclosing their ***** (ACLU 2006), employment *****fers rescinded ***** disclosure (***** 2006), ***** patterns of harassment ***** co*****ers tolerated by management (Koch & Bales 2002). Since the American Civil Rights Era of the 1960s, ***** discrimination