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Can You Be Fired In Texas For Transitioning?


Milly

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I am growing a bit paranoid as I just read there are no laws to protect the transgender from being fired... Hard to find anything that will give me a straight answer, as I get some that say yes you can be fired and others that say no.

I am trying to get a job at the moment, nothing great. Like fast food or retail, my big issue is this. Will I be fired for transitioning during the job? I don't think it would be a good idea to bring it up in the interview but as soon as I get the money I plan on taking any steps I can to move on into my life as a woman. Granted I don't plan on showing up in full makeup and a skirt but the changes with the hormones will be fairly noticeable right? I know Texas has a law where they can fire you for whatever reason they want but will this really mean I will be fired for this?

This whole thing terrifies me to no end. They are going to find out, but I need money for this and college. I just don't want to have to hide who I am just because some bigot might not like it.

Next question I suppose.

This is something that bothered me about pharmacies. When my father was suffering from RSD before he died, the people who filled the prescriptions at walgreens or CVS would sometimes deny him the pain meds because of some moronic belief they had about it. I raged on them because of it, getting removed from the store 2 times because of this. My mom said it was because they thought he was abusing them but I saw him, I knew he was in pain.

Can they deny me hormones because they may not agree with it?

I realize I sound incredibly paranoid.

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Guest Evan_J

First questions first, and bear in mind I'm no "last word" on either. The right to fire is at this point "state-by-state". There are some states with protection for gender identification in place. I'm highly doubtful that Texas is one of them though with the prevalent sentiments toward ALL of the lgbt there about ANYthing. Even in those places with the protection, individual employers who "just don't like it" are still able and prone to cite other reasons for dismissal. Those states with "at will" policies (that an employer can terminate whenever and without notice for any reason) are sometimes "the worse" as they are not obligated to give ANY reason typically for any terminaton. The first thing to do then is find out what the employments laws are in your state.

The next to do (and it applies to every trans person on this forum (andros, neutrois, the spectrum) is BE concerned about ENDA. That would put the matter in a federal context.

As to the pharmacy, yes, it is within the power of a pharmacist to refuse a prescription for controlled substances in the event that that pharmacist suspects abuse . Pharmacists keep records of how frequent and on what dates those substances are filled. Chain pharmacies I know (not sure about cross-chains?) cross-reference. If your dads dates were too close together for the number of painkillers on a script or dosage then yes he could be denied having it filled. Depending on what classification of drug it was (like testosterone), they also can be sticklers about the type of prescription pad its written on (there are special ones to prevent forgery of prescriptions), whether or not there's the proper IDnumbers present, all kinds of things.

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With no particular surprise, I am in agreement with Evan.

On the first question the only protection you have in Texas is the company's written anti-discrimination policy - if it specifically lists gender expression you can contact the human resources department of the corporate head quarters to bring pressure on your boss if you are fired.

But do remember, firing is not always necessary - some people don't like to fire employees, they prefer to make things very unpleasant so that they will just quit - again the only resource if it is your boss is the HR department of the corporation.

The second has better news - the hormones for MTF transition are not often abused for strength gain and an unfair advantage in sports and street fighting - the worst you might get is an odd look or two from the clerk in the pharmacy.

CVS was rather expensive for the hormones - my fist prescription was filled there and cost me $115 while now at WalMart a higher dose is only $38 a month - research first.

If you want some more information about specific companies, PM me and when I get to my other computer I will send you a link to rating of GLB friendly companies.

Love ya,

Sally

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Guest BeckyTG
The next to do (and it applies to every trans person on this forum (andros, neutrois, the spectrum) is BE concerned about ENDA. That would put the matter in a federal context.

Can you please explain ENDA? I have no idea what it is or how it affects us.

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Guest perlitarose
Can you please explain ENDA? I have no idea what it is or how it affects us.

ENDA stands for Emplyment Non-Discrimination Acta, is a bill introduced by Represntative Frank that include a provision that would make ilegal to fire a person for being trangender/transexual. As far as I know the bill is in the sneate and they would be voting on it on the incoming weeks. The "word on the ailes of congrees' is that the bill will pass and beome a Federal law. Please se the link http://www.equalityfederation.org/enda to send you a letter of support. Presidnt Obam has fully supported EDNA http://www.whitehouse.gov/agenda/civil_rights/

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Daaloii,

The majority of states have no protections against being fired if you transition, Ohio does only if you work for the state, but bobody eles in the state ,there is a bill that would include everyone in the state but it is being sat on, there are cities and counties around the country that have passed laws against discriminating for housing and jobs.

Your concern is do the companies you are going to apply at have gender identity in their EEO policy, if they do you can not be fired, just be aware they could fire you for something else, so you need to always be on time and have few sick days and do not argue with anyone. the HRC has a list of companies and rate them for being inclusive. http://www.hrc.org/.

Becky ENDA would be a huge victory for those under the tg umbrella, read about it here:

http://en.wikipedia.org/wiki/Employment_No...crimination_Act

Paula

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Hello Daaloii,

I live in a state where there are already laws in place to protect us. But I have also seen people lose their jobs for what have been less than perfect causes. Or others where the person was treated badly enough to quit.

My interpretation is that it helps to have the law on your side, but it's also too easy to get around the law. About my only defense is to be a better employee than everyone else so that my employer knows it would be better to support me than fire me. It's a bear sometimes, but we do have to hold ourselves to higher standards than most.

Love, Kat

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Guest miss kindheart

Hi diaaloii,

<<hug>>

It is ok to be paranoid about such things.

Keeping a job during transition is very important.

Try your hardest to be the best employee money can buy.

Even if your protected for transitioning, An employer can probably find some reason to get ride of you if they so desire.

While it might be because of your transition, they most likely won't portray it that way.

:wub: vanna

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Dang that sucks. If this is the case I really hope that ENDA thing goes through. >.<

Thank you all for the great answers. :)

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