Workplace Word® - Transgender Issues in the Workplace: Legal Issues and Considerations for Companies


by Anne E. Dwyer

Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and other persons at schools and public agencies from using a bathroom or changing facility other than the one designated for their biological sex. This bill caused a backlash by advocacy groups, large companies and the Department of Justice. In fact, shortly after the passing of this bill both the ACLU and the federal government filed lawsuits challenging the measure, claiming, in part, that it violates Title VII of the Civil Rights Act, which prohibits discrimination in employment based on sex. While many hope this wave of attention on transgender issues will increase legal protection for transgender persons, that protection is already in place in many states across the country.

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