The law still has a long way to come with respects to protecting transgender employees. Though the U.S. Senate passed the Employment Non-Discrimination Act, which would protect against discrimination on the basis of gender identity, it’s unlikely to get passed by the U.S. House of Representatives, according to Nancy Barnes of Thompson Hine.
So, although case law is sparse and legislation slow, Barnes makes these suggestions as to how employers can protect both themselves and employees:
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