Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

Discrimination Based on Gender Identity

Your gender identity is the gender with which you identify regardless if it is different from the anatomical gender that you had at birth. While there isn’t a federal law that expressly prohibits discrimination based on gender identity, the Equal Employment Opportunity has interpreted the prohibition against sex discrimination to also include discrimination based on gender identity. Approximately 20 states also outlaw this type of discrimination in the workplace. The attorneys at Swartz Swidler advocate for people who have been the victims of workplace gender identity discrimination. Employers are not allowed to treat people who are gender nonconforming or transgender differently.

Where is gender identity discrimination illegal?

Around 20 states and the District of Columbia prohibit workplace discrimination based on gender identity. Some local governments and cities also have bans against gender identity discrimination. In New Jersey, gender identity discrimination in private workplaces is expressly forbidden under the Law Against Discrimination. In Pennsylvania, there is no law that expressly prohibits gender identity discrimination by private employers. In 2016, Governor Wolf signed two executive orders that expressly prohibited gender identity discrimination against public employees. In August 2018, the Pennsylvania Human Relations Commission issued guidelines that gender identity discrimination is a form of prohibited sex discrimination. Under federal law, some courts have ruled differently, and gender identity discrimination remains an area of law that continues to develop.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Forms that gender identity discrimination might take at work

Some forms that gender identity discrimination might take include the following:

  • Harassment by coworkers
  • Paperwork issues when trying to change names on documents
  • Dress and grooming codes
  • Bathroom facilities
  • Gendered terms and pronouns

If dress and grooming codes are instituted, your employer might violate the law if you are forced to wear the clothing that is associated with a gender with which you do not identify. Employers that make occasional slips with gendered pronouns may not be violating the law. However, if using the incorrect pronoun is done purposefully to harass you, it may be against the law.

Get help from Swartz Swidler

If you are dealing with workplace discrimination based on your gender identity, you may have legal rights. Contact the law firm of Swartz Swidler for a confidential case analysis.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733