Work-Related Laws

[Guest Avery F]

Hello all,

So, I know that some states have laws prohibiting employers from firing someone because of their gender identity. Unfortunately, much as I searched around on the net, I couldn't find whether Massachusetts is one of those states. Does anyone know?

The situation is that I'm employed by a woman who I think may possibly be against transpeople. I don't know this for sure, but she sends her kids to a very strict Catholic school, and I happen to know that this school is quite severe about reinforcing gender stereotypes. I really like my job, and the employer is nice as well from what I can tell, but I am paranoid that if I come out as trans she'll sack me. Not only would that mean I lose my source of income, it would also cause major awkwardness, because the place I work is a karate dojo and I also take classes there (from the employer!) - so even if I was fired I'd still be seeing my (now former) employer every week.

Another thing I was wondering is, if Massachusetts does indeed have some sort of anti-discrimination laws regarding transpeople, how well are they enforced? After all, couldn't my employer simply fire me and then claim she did so for some other reason, like she wasn't satisfied with my job performance?

[Carolyn Marie]

Avery, according to this document, http://www.hrc.org/documents/HRC_Foundation_-_Transgender_Inclusion_in_the_Workplace_2nd_Edition_-_2008.pdf, which is a couple of years old,

Massachusetts doesn't have a state law that protects TG rights, but it does say that several court decisions have applied existing anti-discrimination laws to TG workers. It also says that the cities of Boston, Cambridge and Northampton have adopted local protective ordinances.

Carolyn Marie

[Drea]

Just because she sends her kids to a catholic school doesn't doesn't necessarily tell you what her feelings are on the gender stuff. I know a few Catholics and they don't seem to hold big biases about it. I even know someone trans who does work at a Catholic school.

Compared to the average public school, I imagine the typical Catholic school is going to look pretty strict. Regardless of how severe the school enforces gender stereotypes, that doesn't necessarily mean you boss has chosen the school specifically that aspect. Now if your boss is saying things to give you that impression, that is another matter.

After all, couldn't my employer simply fire me and then claim she did so for some other reason, like she wasn't satisfied with my job performance?

That would be typically the way it goes. One does have to be extra careful to not give cause. I don't think the circumstances with your boss necessarily make it any more difficult than someplace else. Laws might not make any difference.

Transitioning on the job always has its risks, so having backup plans is good. I personally think it is worth trying since maintaining income is much easier than finding something new. And if it doesn't work, well your no worse off. If it does, and you later want to find someplace else that doesn't know ff your past, you can and you have an established employment record.

As always when planning such major event, its best to already be in formal treatement with a therapist.

[Guest Elizabeth K]

Louisiana Supreme Court just ruled Trangender is NOT included in the Job Discrimination Law here.

Lizzy

[Guest Justme]

Hi Avery. You can go online to the GLAD legal online hotline and post your question. They usually get back to you quickly and have alot of that info. Hope that helps.

[Guest Jenni_S]

The situation is that I'm employed by a woman who I think may possibly be against transpeople. I don't know this for sure, but she sends her kids to a very strict Catholic school, and I happen to know that this school is quite severe about reinforcing gender stereotypes.

Hi Avery,

We can never know how a person will react until they are confronted with the real thing. Despite all the word people say about their beliefs, and impressions they give, when a real person that they know, and like or love, challenges their beliefs, they often re-think how they feel. Don't assume you "know" how someone will react to your telling them anything. I always went into telling people about myself expecting the worst, and the vast majority of times when I did, came out pleasantly surprised!

As for the school, that's also not necessarily an indicator. I work for a Catholic school, and it has the "usual word-of-mouth reputation" for being repressive and religious and all the rest. But this same school, when you're there, is quite different than expectations. They have an LGBT group, and a "friends of" group, as well. And one of my favorite things about it was, when I was attending myself (yes, I went to school there, too), the religious classes started out like you'd expect, this is what we believe, how the church works, and all that. Then, junior and senior year, came the questions. "What if everything we've told you is wrong? What if what you believe is wrong?" These were some great classes, and there were debates, and shouting, and questioning going on. It had the effect, at least for myself and many others in the class, in strengthening your own personal faith, and not worrying too much about official church ways. Is the school you're looking at this way? I don't know, of course. I'm just saying, don't be sure the reputation matches the reality.

Another thing I was wondering is, if Massachusetts does indeed have some sort of anti-discrimination laws regarding transpeople, how well are they enforced? After all, couldn't my employer simply fire me and then claim she did so for some other reason, like she wasn't satisfied with my job performance?

Yes, they can. Sure, protection laws are nice to have, and they look great in press releases. But if an employer wants you gone, they'll be sure to do it nice and legally. Always have a plan ready, in case things don't work out, no matter what the circumstances are. Keep an updated resume, so you're ready to be able to give it to prospective employers, even if you're currently employed. Save your money, in case the worst happens. If and when it does, accept whatever employment you can. I've had four jobs at once, a few years ago; you do what you have to do, and keep looking for a better situation.

Don't take that as discouragement! Things do work out, even when the worst happens. But you've got to be willing to make it happen, and be ready to do so if it needs to be done.

[Guest Donna Jean]

Hi Avery,

Yes, they can. Sure, protection laws are nice to have, and they look great in press releases. But if an employer wants you gone, they'll be sure to do it nice and legally.

Absolutely!

Any gender protection law is only good if one can prove that to be the reason of termination...

Many places of employment have "At Will" policies, where they can let you go "at will" for no particular reason and you may leave at any time you choose...

Check the employee handbook for that...

I transitioned at work and was very lucky...

I was accepted and everything went smooth...

It was a male oriented profession, too...

Have a plan, though!

Huggs

Donna Jean

[Drea]

Any gender protection law is only good if one can prove that to be the reason of termination...

And even if you could do prove it, it doesn't do you any good if you lost your job anyway. Okay, you could make them pay, but what effect would such a lawsuit have on future employment? Certainly using that employer as a reference is out. Depending on the venue, and how it is resolved lawsuits can be a matter of public record. So what if you interview for a new job and they find out you filed a lawsuit against prior employer? I imagine it make them less inclined to hire you?

Might such a law make employers in general be less inclined to hire someone trans? It is much easier and less risky to simply pick a different candidate.

I am not saying such laws are bad, but like many things they can be a double edged sword.

And sometimes one does have to stand up and fight the good fight and such laws do enable that.

[Guest Chiv]

http://www.lambdalegal.org/states-regions/massachusetts.html

Here is another link that might be helpful.

[Guest Donna Jean]

And even if you could do prove it, it doesn't do you any good if you lost your job anyway. Okay, you could make them pay, but what effect would such a lawsuit have on future employment?

And sometimes one does have to stand up and fight the good fight and such laws do enable that.

Exactly.....

And, say that you went to court to keep the job and won....

Would you still want to work for a place that obviously doesn't want you?

Lots to think about...

Donna Jean