Compassion can be a wonderful tool in many of the things we do in Human Resources and the labor and employment legal world. It’s also a great starting point when an employee walks into an HR or supervisor’s office to say they will be gender transitioning.

When accommodating transgender employees at work, quite a number of federal, state, and local laws can come into play, including Title VII, Title IX, OSHA, and the ADA. Ever since the Supreme Court ruled in the Bostock case that the term “sex” in Title VII protects against discrimination based on sexual orientation and gender identity and expression, it has been clear that these employees have legal protections throughout the U.S.

Along those lines, very recently, another federal court of appeals ruled that not just Title VII, but also the ADA, provides protections for employees diagnosed with gender dysphoria (the feeling of discomfort or distress that might occur in people whose gender identity differs from their sex assigned at birth or sex-related physical characteristics). This ADA protection not only means that employers cannot discriminate against transgender employees with this condition but also – very importantly – that employers must reasonably accommodate such employees under the ADA.

Back to compassion.

It is clear that employers have legal obligations and want to stay out of court. On top of those legal formalities, most employers also want to do the right thing by their employees. Employees who are...

Read Full Story: https://www.foley.com/en/insights/publications/2022/08/accommodating-transgen...