Leo, a biologically male employee of Delta Dismantlers, Inc., an auto salvage ya

Question

Leo, a biologically male employee of Delta Dismantlers, Inc., an auto salvage yard in California, planned to have a gender reassignment surgery but was terminated by his employer for wearing feminine attire after being told that the attire violated the company dress code. Leo wants to sue Delta Dismantlers for wrongfully discharging him. Are there federal discrimination laws that apply? Are there state discrimination laws that apply? Are there other laws that apply that might provide Leo with a cause of action?

Explanation / Answer

In this case Leo is being discriminated by his employer - Delta Dismantlers. Leo is being discriminated on the grounds of being a transgender and wearing feminine attire. This is called discrimination based on gender identity. There are no federal law that prohibits discrimination based on gender identity. But as of December 2014, the federal government has stated that in cases against state and local public employers the Department of Justice will interpret the Civil Rights Act of 1964 to protect people from discrimination based on gender identity.

However, there are state discrimination laws that are applicable. There are currently 18 states in the United States that provides protection from gender identity discrimination to employees.

Leo might take cushion under Title VII, which states that dress codes should be non-discriminatory for transgenders. Such employees have the right to comply with sex-specific dress codes according to their gender identity.

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