Block on Trump's Asylum Ban Upheld by Supreme Court
A South Dakota woman's transgender discrimination settlement reveals a growing trend toward recognizing transgender discrimination claims as cognizable under Title VII of the Civil Rights Act's sex discrimination prohibition.
The case serves as a strong reminder to companies and their in-house counsel to update their LGBT policies to protect transgender employees from discrimination.
Transgender Discrimination Settlement
Cori McCreery, 29, was fired in 2010 after telling her employer at Don's Valley Market in Rapid City, S.D. that she would be transitioning to a woman. With the help of the EEOC and Lambda Legal, McCreery filed a complaint against the supermarket, alleging a Title VII violation.
In a landmark settlement, McCreery received $50,000, the maximum settlement allowable for businesses with fewer than 100 employees, according to an EEOC statement.
But that's not all. The settlement agreement also requires McCreery's former employer to obtain professional anti-discrimination training annually for all of its employees; implement and distribute an anti-discrimination policy to all employees; report all future complaints of discrimination to the EEOC; and provide the former employee with a letter of apology and a neutral letter of reference.
Update Your Transgender Policy
With cases like this cropping up more often and the passage of federal LGBT protection potentially on the horizon, now would be a good time to revisit your company policy on LGBT-related discrimination.
With brief thanks to the Human Rights Campaign, here are a few tips to make sure your company doesn't discriminate against transgender individuals:
All of these measures are just a small step in order to limit your company's liability -- but more importantly, to show employees that your company values workplace equality.