The job is as a paralegal for a medium sized firm. I have never told anyone there about my past or my operation. They all know me as Brandy. I am very cute and feminine so there is no way they could tell otherwise that I had ever been anything but female. If I lose my job I lose my whole life and livelihood. I am verry worried. Plz help.
2006-06-14 09:01:17 · 36 answers · asked by girliegirlalltheway 1 in Society & Culture ➔ Cultures & Groups ➔ Lesbian, Gay, Bisexual, and Transgender
I don't think they are allowed to fire you based on that because it would be discrimination. That doesn't mean that they can't come up with some other stupid reason instead. Just be careful and consult an attorney just in case.
2006-06-14 09:07:20 · answer #1 · answered by Jenn 3 · 0⤊ 0⤋
Hi, I'm a transwoman too.
The answer to your question is multi-facted and complex. First of all, most (not all) employers will NOT fire an employee because they USED to be something. The fact that you're post op would likely mean to them that you're now female. For those of us still in transition, this is a little harder since society really views that as the bar on gender change. In my case I plan to be open about my past and keep all past records intact (barring unforseen circumstances of course), instead changing my name and gender on my license and looking forward instead of back. But why haven't you changed your birth certificate? It sounds like in your case you should have done that already.
I think most law firms probably wouldn't fire you even if you were *transitional* (which I know you're not) as long as you were presentable and if they hired you then they felt that you were - and either believed you were born female or never cared to begin with. Also, they wouldn't want you to sue (if allowed by law) since a law firm would probably prefer to not be the SUBJECT of case law - it's their job to litigate it, not make it.
It also depends on which state you live in. Like I said, you could sue, but in some states you just don't have any recourse and your suit will dismissed by the judge because it fails to indicate a broken statute - because there isn't one! States like CA and I believe MN, among others, have gender protections for housing and employment. Find out if yours does, but also understand that there is no FEDERAL law protecting you and there likely won't be for a good while.
If your company does not have a gender identity protection policy, it may be time to start looking for another job (unless you want to be a catalyst for change there, but you'd probably have to reveal pretty much everything). Remember that this job is your livelyhood NOW because it's the only job you have and that is precisely why you fear losing it... so find a better one. Find a company that has protections in place even though you don't ever intend on using them because it's much easier to be stealth when it doesn't matter if you're not.
Many Fortune 500 companies have gender identity protection policies. Try Walgreens, Starbucks, most airlines, Boeing, Ratheon, Microsoft, well there are lots.. just seach the web a little.. the good jobs are out there.
And like I said... get that birth certificate fixed!
Luv Sarah, xoxo
2006-06-26 03:28:15 · answer #2 · answered by Sarah Michelle 2 · 0⤊ 0⤋
Sure, generally. Look at your company policy for freedom from gender discrimination. You probably won't find it. Some counties have progressive gender discrimination laws, but in most parts of the country they could fire you for little reason, and you'd have no legal recourse.
Sexual discrimination isn't the same as gender discrimination.
Edit> After surgery you can have your birth certificate ammended in almost all states. So that shouldn't be a problem. As was already said, don't tell anyone if you don't have to.
2006-06-14 11:47:57 · answer #3 · answered by Julie 2 · 0⤊ 0⤋
In the USA it would depend on which state you live in. Minnesota (my state) has a very inclusive gay rights ordinance that includes transgendered people, but some states not only don't have any protection, they still have obsolete sodomy laws on the books.
BTW, the US federal government is now requiring a lot of employers to ask for birth certificates or passports to prove US citizenship as part of the crackdown on illegal aliens. This is also required for various state amd federal social services effective July 1, 2006. (I know this because my wife is on Social Security and was asked for her birth certificate to continue with Minnesota Supplemental Income benefits.) Obviously, you cannto showe your birtrh certificate without giving away your past so, if you do not yet have a passport with your new identity, I would get one ASAP.
2006-06-14 10:51:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on several things...
-the laws of the state and city you are in can effect how easy it is for a company to fire someone (for instance I live in OK and there are no such protections here)
-many companies (especially big ones) have policies that would make it difficult inside the company, especailly if they are Equal Oppertunity work place, especaily if you are in a union or so me other somewhat protected working group
The biggest thing isn't if they could fire you because of the MTF thing, but rather if a boss wants to get rid of someone it is pretty easy to trash someones performance, or exagerate small issues to get rid of/make it difficult for an employee
2006-06-27 17:21:51 · answer #5 · answered by magebox 2 · 0⤊ 0⤋
I have something different to offer then the others ... right now, you need to work on your emotional issues.
Yes, they can fire you for some trumped up reason and not ever come out and say it's because you are a transwoman. But, if you are post-op, your birth certificate, id and alike say Female ... so, they would be guilty of wrongful discharge.
I would find a support group of other transwomen who have transitioned and work through this fear and concern. Your emotions over all these issues are kind of like you taking poison and waiting for them to die.
2006-06-15 14:19:28 · answer #6 · answered by Dee 3 · 0⤊ 0⤋
Depends on the state and city. Very few places have job protection for Transgendered individuals.
As a paralegal you should be able to look up the local laws.
2006-06-15 03:44:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on the state. Some states have laws preventing discrimination against transgenders. I know Rhode Island has the law. There are few others, but I'm not sure which ones.
Even if you're not directly protected by the state, they might not want to risk a law suit. If you're not causing problems at work, then you should be fine.
2006-06-28 03:11:59 · answer #8 · answered by andyjudge1 2 · 0⤊ 0⤋
No, they can't fire you. In one state there is a MTF district attorney and she does her job well --can't remember the state --was watching a documentary on Discovery Health. However, it would be discrimination.
If you are worried about loosing your job, take it upon yourself to read or re-read the companies hiring practices and sexual harassment clause. Read the entire employee manual. Girl you know who to do this, arm yourself with their information. I'm a non-practicing paralegal as well -- you know we are suppose to read EVERYTHING.
2006-06-25 04:15:48 · answer #9 · answered by cajun7_girl 2 · 0⤊ 0⤋
Well, in Canada, firing you based on the fact that you're transgendered is a total violation of your human rights. You could sue the company, and have no doubts that you would win your case.
But you probably live in the US, eh? I have no idea what laws exist to protect you. If they find out and they do fire you, find a human rights lawyer.
2006-06-14 09:12:58 · answer #10 · answered by wisdomtooth 2 · 0⤊ 0⤋