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Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS

Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS (NOT INTENDED AS LEGAL ADVICE, WHICH CAN ONLY BE PROVIDED BY AN ATTORNEY ADMITTED TO PRACTICE IN YOUR JURISDICTION). FEDERAL LAW. No discrimination because of sex

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Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS

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  1. Trans Employment Law 101 TOP TEN TIPS TO PROTECT YOURSELF LEGALLY LAW OFFICE OF JILLIAN T. WEISS (NOT INTENDED AS LEGAL ADVICE, WHICH CAN ONLY BE PROVIDED BY AN ATTORNEY ADMITTED TO PRACTICE IN YOUR JURISDICTION)

  2. FEDERAL LAW • No discrimination because of sex • Interpreted by EEOC and many federal courts (but not all) to include discrimination based on gender identity or expression • Hostile workplace environment requires severe or pervasive conditions and, if possible, complaints to the company • Damages capped

  3. FEDERAL LAW • File with EEOC • 180 day limitation for filing with EEOC (unless continuing action) • 300 days in some states • You can dual-file with some states • This may or may not be an advantage • Go to eeoc.gov for info • They will help you write up your complaint • You have to file in person at your local office

  4. STATE LAWS • 18 States with laws (+DC) • Statutes: CA, CO, CT, DE, HI, IA, IL, MA, ME, MD, MN, NJ, NM, NV, OR, RI, VT, WA. • Court rulings: FL, NY • Filing with the State • States vary greatly in helpfulness • Required reporting times vary • Some do not cover harassment • Some do not allow emotional distress or punitive damages • Some prohibit court action after using an administrative remedy

  5. MUNICIPAL LAWS • About 100 cities/counties have them • Some have no remedies attached • Take away: Think about which is best, federal, state or city. Better yet, get a lawyer

  6. DOCUMENTING YOUR CLAIM • The organization will deny liability • Failure to make an internal complaint may diminish your claim • Making an internal complaint will cause problems, so be ready • You need to have evidence of: • Discriminatory intent based on protected category • Action based on discriminatory intent • Adverse action

  7. DOCUMENTING YOUR CLAIM • Types of evidence: • Who has seen the events and who will back you up • Contemporaneous notes with dates, times, specific facts and witnesses • Be careful about recording and taking documents

  8. NEGOTIATING • Who to contact • HR function • Manager – be aware of conflicts of interest • Highly placed friend • Presenting your complaint • One sentence overview and relief requested • The Big Three: PDA • Evidence showing Prejudice • Evidence showing Discriminatory words or actions • Evidence showing Adverse action • List of witnesses and documents

  9. NEGOTIATING • HR will be sympathetic, but deny liability, or discriminatory intent • Rather than argue with these vague points, ask to file a written complaint, and show facts, over and over again. • Do not shout or get irate with your HR contact • Continue to put forward the Big Three: • Evidence of Prejudice • Evidence of Discriminatory action • Evidence of Adverse action • If you feel unsafe, ask for protection in writing and show evidence of need

  10. FINDING A LAWYER • Hourly v. Contingent v. Pro Bono • Recommendations – look at the cases • Initial consultation • Expertise in employment law and LGBT issues • Do you have the same goals?

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