Transgender Rights Against Discrimination

When the U.S. Supreme Court ruled in Bostock v. Clayton County (2020) that employers could not discriminate against workers based on their gender identity, it was a milestone in equal treatment under the law. But transgender rights are still under attack in the United States in many areas of life, such as housing, healthcare, and education.

Laws and enforcement are changing all the time. To understand and defend your civil rights, talk to a local discrimination lawyer.

Federal Protections for Gender Identity in Employment

Unlawful discrimination is treating people unfairly based on a protected characteristic. Sex is a protected characteristic under federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment.

Protections for transgender people fall under anti-sex discrimination law. As the U.S. Supreme Court established in Bostock v. Clayton County, employment discrimination on the basis of sex includes gender identity and sexual orientation.

Bostock combined multiple cases in which employers had fired employees for being gay or transgender. The U.S. Supreme Court ruled that employers who fire people for being gay or transgender violate Title VII.

Federal Protections for Gender Identity in Housing and Education

The U.S. Department of Housing and Urban Development (HUD) issued an Equal Access Rule in 2012 (expanding it in 2016), which prohibited housing discrimination based on gender identity. However, in 2025, HUD Secretary Scott Turner issued an order halting all enforcement of the Equal Access Rule in accordance with President Trump’s earlier Executive Order 14168, which directed federal agencies to only recognize two sexes as assigned at birth, male and female.

The Trump administration has also rolled back protections for transgender students in public schools and higher education. Title IX guidelines as of 2025 do not include gender identity or sexual orientation. These guidelines follow a federal district court decision, State of Tennessee v. Cardona (2025), which said that Bostock‘s extension of Title VII protections to gender identity and sexual orientation does not apply to Title IX.

Addressing the Gaps in Federal Law: Equality Act

The Equality Act is proposed federal legislation that would prohibit discrimination based on sex, sexual orientation, and gender identity in many areas that are currently not covered, including housing, education, and public accommodations. The U.S. House of Representatives passed the Equality Act in 2021, but it has not yet passed the Senate.

State-Level Anti-Discrimination Protections

Many states have LGBTQ+ nondiscrimination protections that go beyond federal law. Others have laws specifically limiting human rights protections for transgender people. For example, about 19 states have laws that ban transgender people from using restrooms or facilities consistent with their gender identity in schools and/or government buildings.

About half of states prohibit housing discrimination based on a person’s gender identity. States with gender identity protections in public accommodations, health care, and housing include:

• California
• Colorado
• District of Columbia
• Hawaii
• Illinois
• Maine
• Minnesota
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Vermont
• Washington

For more information about state laws and policies related to LGBTQ+ rights, see the Movement Advancement Project’s map tracking LGBTQ+ equality by state.

How To Recognize Discriminatory Practices

Discriminatory practices in employment can take many forms. Adverse employment actions can include anything from being denied a job to terminations to demotions. Discrimination can be open, like making disparaging comments, or subtle, like disproportionate advancement opportunities. Types of discriminatory practices based on gender identity include:

• Unequal pay
• Offensive jokes or derogatory comments about trans people
• Sexual harassment and hostile work environments
• Failure to stop discriminatory behavior by coworkers
• Not including transgender employees meetings or work projects
• Denial of hiring or promotion because the applicant or employee is a transgender person
• Sudden changes in performance reviews after a supervisor learns an employee is transgender

Steps To Take if You Face Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) enforces employment discrimination cases under Title VII. If you face adverse employment actions on the basis of sexual orientation or gender identity, you can file a complaint with the EEOC. The federal agency will investigate your complaint and try to settle the case with your employer.

State and local laws provide additional LGBTQ rights against discrimination in housing, health insurance, and education. You can file a discrimination claim with your local human rights agency.

If the state or federal agency cannot resolve your complaint, you can file a discrimination lawsuit in court. In some states, you don’t have to wait for the agency to address your complaint. You can file a discrimination lawsuit in civil court for damages. Legal remedies can include financial compensation or injunctive relief. For example, in employment discrimination, you could sue to have your job reinstated and get money for lost wages.

Support and Resources for Transgender Individuals

There are local and national advocacy groups that provide support and resources to transgender individuals. Contact your local LGBT rights group for support. For legal action, contact a discrimination lawyer for help.

A discrimination attorney can review your case and explain your legal options. Your attorney can negotiate a settlement or take your case to court. Your attorney is an advocate who will act in your best interests to protect your rights. Contact a local discrimination lawyer for legal advice.