Discriminating against an individual based on his or her sex or gender is illegal. It is also illegal to discriminate in rates of pay and have different requirements as to your weight because of your gender.
Discrimination based on pregnant, childbirth or are having medical conditions related to pregnancy or childbirth is treated as sex discrimination. Your employer must know that you are pregnant. People who are pregnant must be treated the same as people who are not pregnant for all employment-related purposes. Poor performance on the job or unacceptable behavior because you are pregnant is not protected. But reasonable accommodations, like a less strenuous or hazardous position, must be made if you request them.
It is also illegal to discriminate against you because you do not fit into gender stereotypes. Therefore, transsexuals cannot be discriminated against.
To determine whether you are protected against discrimination from your employer, there are three other things to consider:
1. Whether you are considered an employee who is covered under the law.
2. Whether your employer is subject to the anti-discrimination laws.
3. Whether your employer's conduct is considered discriminatory under the law.
4. What reason your employer discriminates against you.
If you feel you may be unlawfully discriminated against, contact us so we may review your situation with you.