The Noble Law provides forward-thinking employment law counsel to clients in North Carolina and South Carolina. If you have experienced workplace discrimination, our employment law firm is here for you. You are legally entitled to a safe work environment, and our employment lawyers can offer legal advice and representation to protect your rights and your livelihood. Contact us today in South Carolina or North Carolina.
Although you are living your authentic self as a trans person, the unfortunate reality is that you may encounter discrimination in the workplace in South Carolina. Discrimination can be obvious, such as name-calling or dead-naming, or more subtle, such as undermining your professional reputation or harming your career opportunities because of your gender identity.
Discrimination in the workplace not only takes an emotional toll but places obstacles in your professional path and affects you financially. It’s not fair, it’s not legal, and The Noble Law is here to help you get justice. Reach out to schedule a consultation with our team of South Carolina Employment Lawyers and discuss how we can help you get your career back on track.
Examples of Trans Workplace Discrimination in South Carolina
Examples of trans workplace discrimination in South Carolina include:
- Verbal harassment
- Being forced to use a restroom that does not match your gender identity
- Fearful of using a restroom that matches your gender identity due to potential confrontations
- Being told to present yourself in another gender to keep your job
- Having a boss or coworkers share private information about your trans status without permission
- Being called by your dead name
- physical attacks due to gender expression
Statistics on Trans Workplace Discrimination in South Carolina
As per South Carolina Equality, the 2015 U.S. Transgender Survey found that 37 percent of transgender respondents from South Carolina who held or applied for a job in the prior year reported that they had been fired, denied a promotion, or not hired because of their gender identity or expression.
In this survey, 10 percent of the South Carolina trans respondents were unemployed. At the time of the survey, the U.S. unemployment rate was 5 percent. Twenty-three percent reported losing a job because of their gender identity.
Moreover, transpersons often experience discrimination in health insurance . Nineteen percent of respondents said they had experienced issues such as a denial of coverage for gender transition or denial of routine care due to their transgender status.
What to Do If You Have Experienced Workplace Discrimination as a Trans Person
It is critical to document any workplace discrimination you experience due to your trans status. Note the date, time, nature of the incident, who was involved, and whether there were any witnesses.
Your employer may have an anti-harassment and discrimination policy in place. Check your employee handbook to find out the process for reporting this behavior. Failure to follow the reporting procedure as outlined in the handbook can harm your claim. At least, that is what your employer’s attorneys will allege.
In South Carolina, you have 300 days from the date of a discriminatory incident to bring a claim to the federal Equal Employment Opportunity Commission (EEOC). When it comes to trans discrimination, it is wise to bring this claim to the EEOC within 180 days of the incident.
You should also contact an employment attorney specializing in gender identity discrimination as soon as possible.
Legal Protections That Exist for Trans People in South Carolina
South Carolina does not have a statewide law prohibiting discrimination based on gender identity. To date, there are only eight localities in the state that have adopted ordinances prohibiting discrimination based on gender identity. These are:
- Charleston
- Columbia
- Folly Beach
- Latta
- Pleasant
- Myrtle Beach
- North Charleston
- Richland County
How much of the state’s workforce is protected against workplace discrimination due to gender identity in these locations? The total is only approximately 1 percent. South Carolina Equality notes that adding sexual orientation and gender identity to South Carolina’s non-discrimination laws would result in an estimated 55 additional complaints, on average, being filed with the South Carolina Human Affairs Commission each year.
Trans Discrimination in South Carolina is ILLEGAL Under Federal Law
Discrimination against trans people in South Carolina is illegal under Title VII of the Civil Rights Act of 1964. This makes it illegal to discriminate because of sex, and that includes transgender people. In June 2020, the U.S. Supreme Court ruled that gender identity discrimination was a form of sex discrimination. This law applies to all businesses employing 15 people or more.
Under the law, discrimination regarding any aspect of employment is forbidden, including:
- Hiring
- Training
- Assignments
- Pay
- Promotions
- Benefits
- Layoffs
- Firing
Unfortunately, the fact that trans discrimination in South Carolina is illegal does not prevent employers from discriminating against their transgender employees or turning a blind eye to harassment and other indignities. That’s where The Noble Law can step in and put the law to work for victims of harassment or discrimination.
Speak With a South Carolina Employment Lawyer About Your Rights
If you are experiencing discrimination in the workplace, The Noble Law can help protect your rights and professional reputation. Reach out to our South Carolina offices to schedule a confidential consultation. We’ll listen to your story, review your legal options, and give you all the information you need to decide on next steps.
How The Noble Law Can Help
We offer legal advice and representation in workplace discrimination cases to help you protect your professional integrity, defend your compensation, and help you move towards closure. If you need legal counsel, whether for workplace discrimination or another employment law issue, contact our employment law firm in North Carolina or South Carolina today.
