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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Saturday, April 26, 2014

The Challenges of Finding Employment as a 52-Year-Old Transgender Woman

From HuffPo: The Challenges of Finding Employment as a 52-year-old Transgender Woman. Employment is basically a function of finding a non-discriminating employer, which are far and few between. Unfortunately, although this woman is clearly highly qualified for many types of employment, she can't get hired. The law is not much help. Although it is illegal under federal law and some state and city laws to discriminate on the basis of gender identity or expression, the courts have set the burden of proof high. You must show either that you are highly qualified for the job, or, depending on the jurisdiction, the most highly qualified applicant. You must also show some proof that the reason for non-hire was gender identity or expression, and not some other plausible reason the employer will come up with. Few lawyers will want to take such a case on a contingency basis, because few cases have the necessary level of evidence required for a successful claim. This puts trans people at a severe disadvantage. Employment then is basically a function of finding a non-discriminating employer.

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