The are only 16 states where one can’t be fired for being transgender.
In the modern era of LGBT civil rights, transgender inclusion in employment nondiscrimination bills has been the proverbial elephant in the room, writes Brynn Tannehill in Huffington Post: “The subject drove a deep wedge between the transgender community and the LGB community in 2007, when the Employment Non-
Discrimination Act (ENDA) bill was stripped of gender identity language in order to get it to the floor for a vote. Proposed ENDA bills since then have included gender identity but have not had the support necessary to make it to a vote in the House or Senate.
“There has been some progress in the past decade for transgender people in the workplace. In 2002 only 5 percent of the companies that participated in the Human Rights Campaign’s (HRC) Corporate Equality Index (CEI) had gender identity included in their corporate equal opportunity statement. By 2013 it has risen to 84 percent. Since 2002 a host of legal cases have begun to clearly establish that discriminating against transgender people falls under Title VII of the 1964 Civil Rights Act’s prohibition against discrimination on the basis of sex. Smith v. City of Salem, Barnes v. City of Cincinnati, Schroerer v. Library of Congress and Macy v. Holder have more or less established this as the dominant narrative in case law. Glenn v. Brumby took it a step further, with the 11th Circuit ruling that the equal protection clause of the 14th Amendment also applies.
“Those who oppose ENDA or oppose transgender inclusion in it for political purposes ask why we need it when it seems like the transgender community has all these things going for it as it is. The short answer is that we desperately need it because what we have in place is not preventing massive and widespread discrimination against transgender people.
” Transgender people are more than twice as likely to hold advanced degrees as the general population. They’re 50-percent more likely to hold an undergraduate degree. And they’re also making far, far less money than the rest of the population. The same study also revealed that the transgender unemployment rate is twice the national average
“Better-educated but making much less? It is not supposed to work like that. Statistically, there is usually a strong correlation between education and income level, but not for transgender people. The system is broken, and Occam’s razor tells us that the answer is likely what we would expect: Bias against transgender people prevents us from getting jobs, gets us laid off when we transition and keeps us from being paid our fair market value.”