Gender identity

You have protections against discrimination.

You have the right to work in an environment free of unlawful discrimination and harassment based on your gender identity or a gender transition. Discrimination based on gender identity is a form of sex discrimination.

Employment discrimination may also occur when an employer’s seemingly fair policies or practices have a significant negative impact on people because of their gender identity without demonstrating the policies or practices are job-related and consistent with business necessity. And discrimination can also occur when you and the person who discriminated against you share a protected characteristic like gender identity.

Portrait of a transgender female working in a store
transgender employee

We’re here to help.

We are committed to helping you understand your rights as a worker. Many questions about your rights may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:

For additional assistance, please contact:

You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in any protected equal employment opportunity (EEO) activity, or oppose harassment or discrimination without being retaliated against by your employer.

You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that you’ll be able to obtain.

What this means for you

Employers are not allowed to discriminate against you because of:

  • your gender identity,
  • your transgender status, or
  • medical information related to your gender identity.

Examples of discrimination

In general, this means that you cannot be:

  • fired,
  • rejected for a job or promotion,
  • given lesser assignments,
  • forced to take leave, or
  • otherwise disciplined

because of your gender identity.

Additional resources

Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under Federal employment laws.