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Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Transgender discrimination can appear in the hiring process

On Behalf of | May 3, 2019 | Blog

It’s no secret that a lot of transgender workers face mistreatment at work. The National Transgender Discrimination Survey states that 26 percent of trans workers lose their jobs from bias and 50 percent of them are harassed on the job. Despite increased awareness on the issue, it doesn’t appear to be slowing down anytime soon.

However, it’s worth noting that those statistics come from trans workers that had jobs. Some end up facing discrimination before they even get one during their job interviews. A recent story involving a successful sex discrimination lawsuit helps demonstrate when you might expect to see this behavior during your interviews or hiring.

A troubling reveal

The Denver Post recently covered a story about a Colorado tire company that agreed to pay a $60,000 settlement to a transgender man who applied to their company in 2014. According to the claim, the hiring manager appeared to get along with the applicant during the interview and offered him the job before the drug screenings. He even introduced the man to his colleagues as the “new manager.”

However, the manager did not appear to realize the worker was transgender until he received the background check that had a female name. After the applicant confirmed he was transgender, the company rejected him and gave the job to an applicant that interviewed weeks after the man’s rejection. Three years later, the EEOC filed a sex discrimination lawsuit against the company for reneging the offer.

Hiring hassles

It’s not easy to file a claim for discrimination during the hiring process. Some may believe it would be an overreaction on your part to not getting the job and that the company legitimately found a more qualified candidate than you.

However, there can be several hints about the process that your gender may have played a large role in their decision to reject you. They might ask you and uncomfortable amount of questions on how your gender identity affects you and how it will impact your performance at work. It could also come in a similar form to the story above where the drug screenings and what gender you mark on the application might change how they approach you.

If you or a loved one faced possible transgender discrimination while applying for a job, consult with an employment law attorney to see if your case is with pursuing in court.

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