Risks and Gains in the Workplace
People who come out as transgender where they work are not always understood or respected. Some lose their jobs, or quit rather than deal with the anticipated negative reactions. There are few laws that protect people from discrimination based on gender identity or expression. Only four states — California, Minnesota, New Mexico and Rhode Island — have statutes that explicitly prohibit discrimination based on gender identity. Courts and administrative agencies in seven additional states — Connecticut, Florida, Hawaii, Illinois, Massachusetts, New Jersey and New York — and the District of Columbia have interpreted either their sex or disability discrimination statutes to prohibit certain forms of discrimination against transgender people. For more information on non-discrimination laws, visit our Law Database. Also see the HRC WorkNet database: Employers That Include Gender Identity in Their Non-Discrimination Policy.
Dana Rivers was teaching high school in Sacramento, Calif., and winning awards for her work when she began her transition from male to female. Although she had the support of students, colleagues and community members, she was suspended from teaching pending a hearing.
"I was content to keep teaching and doing my job," said Rivers. "But due to the political environment, school board members never tried to understand what I was going through, they never tried to understand the human side."
Rivers' story gained national attention. She appeared on ABC News and The Oprah Winfrey Show, and her story was told in The New York Times and People and Time magazines. Yet despite nationwide support for Rivers, and the fact that only one parent filed a complaint about her teaching, the school board was determined to see her leave. When the school district offered her a settlement in exchange for her resignation, she decided it would be best for her and her family. Since then, Rivers has become a national spokeswoman for gender rights. On the importance of coming out, Rivers notes, "Everyone needs to make their own decision about when to come out. It's important for people, especially those I am close to, to know about this dramatic, profound shift in my life."
State and city legislators, corporate executives and judges across the United States are beginning to extend protections to cover discrimination based on gender identity and expression. For more information on gender nonconformity in the workplace, visit workplace Transgender Issues. There you'll find a handbook for transitioning on the job and the HRC WorkNet database, which includes information on employers and jurisdictions that prohibit discrimination based on gender identity, characteristics or expression.