Cross Dressing
CTAYLOR
13 Posts
I have tried searching for previous discussions on the subject but do not get a results. What are the employer rights regarding transvestites in the work place? Is it discriminatory to require men to wear men's clothes only, including no make up, jewrely, etc?
Comments
Although we went with another candidate who was more qualified in the end, we still went through this process of "how do we accommodate?" There are a few court cases out there on discrimination against transsexuals, transgenders, cross dressers, etc. Take a look at those cases and see how they apply to your company. I believe you have to do what is best for both for customers and your employees. Your corporate culture will probably help you make your decision as well. Remember that this person lives in the outside world as well - ask them how they would like to be accommodated...chances are they aren't planning on telling any of your coworkers, so you need to keep this tightly under wraps.
Good luck!
How can I locate the specific court cases, I do not utilize hrhero that often as we are a small company? What is the appropriate search subject?
Any help would be much appreciated.
Good Luck!
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>new law coming through does not include gender identity.
Sorry, SMace, you aren't entirely accurate - quite a few states have BOTH sexual preference and gender identity as protected classes ...
Kimberly A. Klimczuk, Esq.
SKOLER, ABBOTT & PRESSER, P.C.
Editors of the Massachusetts Employment Law Letter
(413) 737-4753 Email: [email]kklimczuk@skoler-abbott.com[/email]
This message is not intended as legal advice and does not establish an attorney-client relationship. Readers of this email are encouraged to contact their labor and employment counsel for further information.
>place? You are allowed to hire them.
Is it discriminatory to require men to wear men's clothes only,
>including no make up, jewrely, etc? Yes
The above is sort of tongue in cheek -- sorry.
However, the guiding principle is that gender discrimination is illegal.
But, while it might be discriminatory to require male employees to wear male clothes, it is perfectly legal. Other responders have to remember, it is entirely up to the employer - an employer can indeed tell male employees they are not allowed to wear jewelry or makeup and to wear "male" clothes. It still is the employer who sets dress code policy. Again, perfectly legal.
I haven't read either case and both cases were found for the employers. I also am not sure how you might find copies of the court opinions, but if you do there may be some valuable insight reflected in the judges' opinion.
best wishes,
In this VERY recent appellate decision, the court sided with the employer, who terminated a cross-dressing driver due to concerns that the driver's use of the "wrong" public restrooms on his route could subject the employer to embarassment and liability.