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Given that transgender people often face blatant hostility and discrimination, employers should ensure that employees and board members have clear guidance regarding appropriate workplace behavior and the implications of failing to comply with anti-discrimination policies that include gender identity or expression.
Federal sex discrimination law, under Title VII of the Civil Rights Act of 1964, has historically been interpreted to exclude transgender workers. While some recent legal developments have challenged that understanding, protection for transgender workers under Title VII remains unsettled.
There are no concrete statistics on the number of transgender people in the United States. Estimates on the number of transsexual people, which ignore the broader transgender population, range anywhere from 0.25 to 1 percent of the U.S. population.
With few exceptions, employers do not need to know about a transgender employee's medical treatments beyond planning for potential medical leave for transitioning employees. However, some detailed conversations may become necessary in the process of attaining adequate insurance coverage from an employee health plan.
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