Protections Against Gender Discrimination for Firing Transgender Employee in Tampa

Wrongful Termination & Transgender Employee Discrimination Laws Protecting the LGBTQ+ Community

Terminating a transgender employee based on their gender identity or sex may qualify as retaliation or wrongful termination under federal and state employment laws. These protections, often referenced in discussions of transgender discrimination laws, empower the Equal Employment Opportunity Commission (EEOC) to pursue legal action against employers who engage in such unlawful practices.

Firing a Transgender Employee: Protections Against Gender Discrimination in Tampa

Transgender individuals are safeguarded from employment discrimination under Title VII of the Civil Rights Act of 1964. This federal law prohibits employers from discriminating based on sex, which includes gender identity and expression. In practice, this means employers cannot lawfully terminate someone solely for being transgender.

Florida has its Human Rights Ordinance (HRO), which prohibits discrimination against transgender employees in the workplace based on sexual orientation, gender identity, or gender expression. Together, these laws aim to create fair and inclusive workplaces for all.

Title VII and Employment Discrimination: Workplace Protections for Transgender Workers

In June 2020, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, confirming that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity. This ruling made it clear: firing someone simply because they’re gay or transgender violates federal law.

The Court’s reasoning wasn’t entirely new. It built on prior cases like Price Waterhouse v. Hopkins (1989), where the Court had ruled that discrimination based on sex stereotypes—like how a man or woman “should” look or act—was illegal under Title VII. But Bostock removed any lingering doubt: when an employer discriminates against someone for being transgender, that employer is violating Title VII.

This decision means that transgender workers across the country are federally protected, regardless of whether their state laws offer similar protections. Even if a state allows or fails to prohibit discrimination based on sexual orientation or gender identity, federal law still holds employers accountable.

The Equal Employment Opportunity Commission (EEOC) enforces these protections in both public and private workplaces with 15 or more employees. Workers who believe they’ve been mistreated because of their gender identity or expression—or because they don’t conform to traditional gender roles—have the right to file a claim with the EEOC.

While earlier cases like Macy v. Holder laid the groundwork by recognizing that gender identity falls under sex discrimination, Bostock v. Clayton County cemented this understanding with the full authority of the Supreme Court. For employees facing workplace discrimination based on gender identity, sexual orientation, or gender non-conformity, Bostock is a critical shield and a clear message to employers that bias has no place at work.

For employees facing workplace discrimination based on gender identity, sexual orientation, or gender non-conformity, Bostock is a critical shield and a clear message to employers that bias has no place at work.

How do you report gender discrimination of transgender employees in the workplace?

Protections are in place to prevent sex or gender discrimination and to safeguard against workplace retaliation, including the wrongful termination of transgender employees. While transgender employee rights continue to evolve, existing regulations prohibit gender stereotyping and sex-based discrimination. If you’re unsure about your rights or facing a challenging situation, it’s crucial to consult an experienced employment law attorney without delay.

Have you or someone you know experienced wrongful termination or sex discrimination?

Before filing a charge with the EEOC, seeking guidance from an experienced employment attorney is crucial. Mistakes or incomplete filings can weaken your case. At Wenzel Fenton Cabassa, P.A., our renowned Florida employment law firm is recognized as  Best Lawyers in America 2016.

Contact us today for a free, confidential case evaluation and take the first step toward justice.