Lawyer Monthly Magazine - March 2020 Edition

EMPLOYMENT What are transgender’s employment rights? Expert Insight Shawn D. Twing, Mullin Hoard & Brown, LLP 60 WWW.LAWYER-MONTHLY.COM | MAR 2020 Addressing discrimination in the workplace is never an easy feat. Speaking to employment and labor law expert Shawn Twing, we discusswhat rights transgender people have in the workplace, and if they are protected and recognised in the same way as those experiencing racial discrimination or sexual harassment. Whatarethedifferenttypes of unlawful discrimination? Like the term “harassment”, “discrimination” has several meanings and connotations. For purposes of employment law, discrimination (differing treatment of an individual or group) is unlawful if it is based in whole or in part of a person’s protected status. Conversely, discrimination, which may be unethical or even immoral, does not give rise to a legal claim for which a party may seek redress with an agency or in court. Stated simply, the law provides redress only for those characteristics or status a legislature has deemed protected by statute. It is also important to note that there are layers of legislative protection that can be found in each separate state through City ordinances, state statutes and federal laws, along with the myriad of court cases applying this body of legislation. Currently, the most common protected statuses include: race, national origin, sex, disability, age, religion, affiliation or non-affiliation with a labor union, whistleblowers (public employees or employees of publicly traded companies), military service, veterans’ status, and work status. In addition, sufficiently severe harassment on account of the protected status listed is considered a form of discrimination About Shawn D. Twing Shawn D. Twing is an Equity Partner at Mullin Hoard and Brown LLP and works at the Firm’s offices in Amarillo and Dallas, Texas. Mr. Twing has been a board-certified labor and employment law specialist since 2000 and maintains a multi-jurisdictional trial and transaction practice. In addition to law practice, Mr. Twing taught law classes to undergraduates and MBA candidates and he regularly writes and lectures on labor and employment law issues. Mr. Twing graduated with honors from the University Of Arkansas School Of Law in 1993. He is admitted to practice in Texas, Oklahoma and Arkansas, as well as, several federal District and Appellate Courts. Contact Mullin Hoard & Brown, LLP 500 S. Taylor, Suite 800 Amarillo National Bank Plaza II Amarillo, Texas 79101 806.372.5050 stwing@mhba.com www.mullinhoard.com 1https://transequality.org/issues/employment First and foremost, employers should listen to their employees who are transgender or come forward to announce that they intend to make a change.