By Meghan Serceki
November 19th is the anniversary of the Gettysburg Address and has since been established as Equal Opportunity Day: a day described in 1959 by the New York Times as “an annual national observance dedicated to a basic democratic belief in the equality of opportunity for all our citizens.” Everyone has the ability to make a meaningful impact on society, but the vast majority of Americans face obstacles and barriers to even have the opportunity to do so.
Although the Civil Rights Act of 1964 prohibited discrimination “on the basis of race, color, religion, sex or national origin,” it wasn’t until the 2020 Supreme Court Case Bostock v Clayton County that sexual orientation and gender identity was added to this list of federally-protected characteristics. This doesn’t mean, though, that this discrimination has disappeared. Trans* individuals in particular face a very unique set of challenges in the workplace which need an equally-unique set of solutions (see “Cultivating a Trans-Inclusive Work Environment”).
For trans* individuals, too, this occupational discrimination greatly affects other aspects of their lives. It may impact their decision to come out or to transition. While companies cannot fire or deny employment to people explicitly because of their gender identity, they sometimes still do so, covering up the discrimination by giving other explanations which are not tue. This makes trans* people especially vulnerable to layoffs and disadvantages them in the hiring process.
Beyond this, there are those who may feel uncomfortable at work, fearing their coworkers will judge them. The average person spends 13 years of their life at work, and most people see the same colleagues every day. If these people express hatred or otherwise make a trans* individual feel uncomfortable, it can have far-reaching effects on their mental health, their drive to advance within the company, and their overall well-being. In this event, the individual may choose to find new means of employment. While it is in no way their responsibility to leave a company because their coworkers are intolerant, work can be extremely uncomfortable for trans* people, even bordering on unsafe. Leaving might remove them from a bad situation, but there is then the same gamble at a new company.
In addition to this, a main factor in advancing within a company is the amount of time someone has been with said company. Leaving essentially restarts the clock, often moving them back in their careers, making them prove themselves once again, putting them at a disadvantage when up for promotions, and leading to an economic disparity. Benefits may be lesser, too, as some companies require a person to work there for a set number of years before being eligible for retirement aid.
Even if someone makes the decision to transition anyways, they may choose to keep it a secret from the people at their work. This idea of “going stealth” may work fine for a time, but keeping transness a secret gives it a certain sense of taboo, and plays into the idea that it is a deviant identity. My friend Magdalene recalls a long while where she was taking hormones and developing breasts, but was “boymoding” to work — what she describes as her “transmasculine era.” She wore baggy clothes, practiced chest-binding, worrying that someone there would notice differences in her body.
Having equal opportunities is not only a factor in one’s career, but it has innumerable implications on the rest of many trans* people’s lives. The way an individual identifies should be no one’s choice but their own. Coming out is already such a difficult and complex process; fear of it hurting one’s career should not be yet another obstacle. Legal protections are so important, but creating a world in which everyone is granted the same opportunities requires us all to take part and hold ourselves, and others, accountable.
If you believe an employer has discriminated against you, seek outside help and consider filing a complaint here with the Office of Federal Contract Compliance Programs.