In March 2020, we spoke with Mullin Hoard & Brown partner Shawn Twing about the employment rights of transgender people. Two years on, we have had an opportunity to speak with him again about the current state of transgender employment rights. What areas have been settled, and where can legislation and employers stand to improve?

When you last spoke to Lawyer Monthly about transgender employment rights, you said that several US cities and states “have adopted explicit ordinances and statutes that prohibit discrimination on a person’s transgender. In addition, a state may have a public policy exception by virtue of the state’s case law.” Do you believe that these measures go far enough?

An interesting question. Recall that the Supreme Court of the United States affirmed what I refer to as “transgender status” as being protected under federal law. Specifically, transgender status is treated the same as “sex” under Title VII. Nonetheless, state and local laws will continue to play a significant role in addressing issues of discrimination and harassment, in particular with the work environment (e.g. access to bathrooms, locker rooms and other areas segregated by sex). Employers should do a workplace inventory to ensure their facilities are set up in a way to be inclusive and convenient for everyone. An example of what is not legally acceptable would be to insist a transgender person use facilities that are not up to par of other employees or require a significant...

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