Are Transitioning Employees Protected in the Workplace?
November 22, 2022In New Jersey, transgender workers are protected. It is illegal to discriminate or harass on the basis of sex, gender, sexual orientation, gender identity, and more. Transgender employees, including those who are transitioning, have the right to work in a safe and productive workplace.
Those who are transitioning should have support from their employer as well as their Human Resources (HR) department in order to achieve a successful workplace transition.
What Are Helpful Tips for Transitioning Employees?
The journey of gender transition can be an exciting but overwhelming time, particularly when it comes to how handle the change in the workplace. The following are suggestions for employees on how to navigate gender transition at work:
- Remember that you are in charge of your transition and can chose the pace at which you want to proceed.
- There is not one set of steps that you have to take at any particular time or in any particular order in the workplace with regard to your gender transition.
- If you plan on changing your name to something that better suits your identity, you might want to start by asking certain co-workers to start calling you by a different name, or using a different pronoun, in informal spaces.
- If you settle on a new name, you may want to have HR help you make the announcement, either personally or through an email.
- When you are ready to update clients, customers, or other external parties, it is a good idea to consult with your employer and HR since there might be organizational guidelines you can follow.
- Seek support from HR with regard to updating business cards, your personal desk or office nameplate, updating your bio on the organization’s website, and granting access to updated gendered bathrooms and other facilities.
Remember you should feel supported by your employer throughout your transition, and the law is on your side. Every individual employee has their own circumstances and should be given the opportunity to transition in the way and on a timeline that is best for them. Employers, supervisors, and HR should support transitioning employees and be respectful of employee privacy before and after the transition.
What if You Are Experiencing Discrimination?
The Equality Act states that you must not be discriminated against because of your gender reassignment. This applies to any stage in the gender transition process, from proposing to reassign your gender, to undergoing a process or completing your gender transition.
Employers and HR departments are responsible for working together to implement transition-related changes requested by an employee, such as updating records and setting expectations for co-workers as part of facilitating a successful workplace transition.
If you are experiencing discrimination in the workplace, it is crucial that you consult with a knowledgeable employment lawyer who can protect your rights and best interests.
Cherry Hill Employment Lawyers at Sidney L. Gold & Associates, P.C. Uphold Transgender Workers’ Rights
If you are experiencing discrimination at work because you are transitioning, speak with one of our Cherry Hill employment lawyers at Sidney L. Gold & Associates, P.C. Call us at 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in Southeastern Pennsylvania and South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.