I believe information from my employer’s background check was disclosed to my supervisor and then to others on my team. My name change was included in my educational history, which also shows that I changed my gender 10 years before I joined this company. My supervisor and another team member have both made comments questioning my current legal name in front of our entire team. Is the disclosure of my former name and therefore my gender change legal and can that be shared indiscriminately with other staff?
Ann Kiernan replies:
The EEOC interprets and enforces the federal law that prohibits sex discrimination as including discrimination and harassment based on gender identity. But this has been challenged in the courts, and the U.S. Supreme Court heard a case in late 2019 on the issue, with a decision expected by the end of June, 2020. Twenty-one states and Washington, DC ban discrimination and harassment against transgender workers. If you work in a jurisdiction that gives you legal protection, you may want to consult a local employment law attorney.
But, even if you do not work in a state with legal protections, you deserve to be treated with respect and not to be harassed. You do not have to put up with invasive, disrespectful personal questions. Many people do not share their trans status or gender identity because they are worried about bias or even violence. No one has the right to “out” somebody else.
According to the Human Rights Campaign, more the 80% of Fortune 500 companies include gender identity and expression as protected characteristics in their equal employment opportunity policies. I urge you to go to Human Resources and seek their help in stopping this harassment. Good luck.
Posted 01-27-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.