Yes, anyone who is being sexually harassed at work has a cause of action against the employer. Shockingly, in a recent survey 90 percent of transgender individuals reported some type of harassment or mistreatment on the job. Forty-four percent of transgender workers reported being passed over for a job because of their gender identity. Twenty-six percent were fired because they were transgender.
Although the law is still developing concerning workplace discrimination on the basis of being transgendered, it is illegal to sexually harass an individual at work for any reason. Harassment could include comments of a sexual nature or offensive remarks about a person’s sex. The harassment has to be so frequent or severe that it creates a hostile or offensive work environment. The harasser could be a supervisor, a co-worker, or even a client or customer.
When an individual is transitioning into a new gender, comments about the transition will be natural. Friendly banter or offhand comments about the physical changes or new gender may occur. Such comments become illegal, however, if they are serious or pervasive enough to constitute a hostile work environment. Whether or not your workplace has become a hostile work environment will depend on the facts of each situation.
Attorney Micha Star Liberty at Liberty Law believes every individual has the right to a harassment-free workplace. If you believe you are being sexually harassed at work because of your gender identity or your transition to a new gender, call Micha Star Liberty, San Francisco employment discrimination attorney, at 415-896-1000. She will consult with you about your case to determine whether a valid claim exists. Call today.