Transgender

Published on: March 24, 2014

Sexual Orientation Cases On The Rise In Illinois

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It is my opinion that discrimination based on sexual orientation is on the rise in Illinois. My Chicago office is getting more calls from the LGBT community which indicates a rise in discriminatory conduct. One of the biggest issues that takes places is name calling. I know this sounds very juvenile but it seems to happen more than one would think. Now in many of these types of cases the comments are made one-on-one. This makes it hard to prove but not impossible.

The most important thing to do is contact an employment lawyer who regularly files complaints with the Illinois Department of Human Rights (“IDHR“). Also recently the Equal Employment Opportunity Commission (“EEOC“) recognized transgendered as a category for discrimination. This allows you even more options if you believe you are the victim of discrimination in Illinois.

Published on: January 31, 2014

Can A Transgender Person Sue For Discrimination In Illinois?

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So you are a transgender person and the victim of discrimination based on your status. What if anything can you do? Well, in Illinois, you can file a charge of discrimination based on being a transgender person. The complaint will be filed with the Equal Employment Opportunity Commission (“EEOC“). This is the only place you can file because the Illinois Department of Human Rights (“IDHR“) cannot process this type of charge because the Illinois Human Rights Act does not recognize transgender as a protected class. On the other hand, Title VII of the Civil Rights Act of 1964 does recognize transgender as a class.

What can you expect from the EEOC? They will conduct an investigation, however they are usually pretty slow and not nearly as fast as the IDHR. It is very important for you to document as much of the discrimination as possible. It isn’t enough to just complain about it, you need to prove it. An experienced employment lawyer can usually explain things to you and help you get the prove you need to win your case. Remember, as a transgender person, you have employment rights in Illinois.

Published on: January 22, 2013

Transgender Discrimination In Illinois

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Recently the Equal Employment Opportunity Commission (“EEOC“) began enforcing federal discrimination law as it applies to employees who are transgender. This is good news for employees who for many years did not have any protection at work. Now if you are being discriminated against because of this category you can file a complaint with the EEOC and seek damages. In Illinois you can also file a complaint with the Illinois Department of Human Rights (“IDHR“) for discrimination based on sexual orientation. Because of this, many transgender cases were brought before the IDHR under that category.

However, now someone can file in federal court after getting a right to sue letter from the EEOC. This allows an employee more options. One reason an employee may wish to file in federal court are that statutory limits may be higher and the employee may get more money if he wins his case. The most important thing for an employee to do is contact an experienced employment attorney and discuss the case. The company will always have legal advice and you should too.

Published on: August 5, 2012

EEOC Rules Transgender EMployees Have Protection

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The Equal Employment Opportunity Commission (“EEOC“) had a recent policy shift and now recognizes transgender employees as protected employees. In Macy v. Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), the EEOC found claims of discrimination based on gender identity or transgender status are now actionable under Title VII of the Civil Rights Act of 1964. What employers should take away from this is that the EEOC is going to enforce this new protection. That means they will seek out companies to make examples out of.

This case came about because Mia Macy, who worked for the Phoenix police and who people thought was a man, applied with the ATF. However, during the interview process, she revealed she was in the process of transforming from male to female and the job offer was rescinded. This type of activity is now a violation of federal law. Organizations will now have to add this to the list of categories that are protected under the law. Many people think this would also fall into discrimination based on sexual orientation, which it could. The important fact is this; if you believe you are the victim of employment discrimination, contact a good employment attorney.