Sexual harassment in the workplace can take many forms, but when it targets employees seeking or receiving gender-affirming care, it can cross into particularly harmful and unlawful territory. Gender-affirming care includes medical, social and psychological support for individuals transitioning or expressing their gender identity. Unfortunately, some workers face inappropriate comments, questions or conduct from co-workers, supervisors or even clients related to this care. These actions can create a hostile work environment and may constitute unlawful discrimination under federal and state law.
Title VII of the Civil Rights Act prohibits discrimination based on sex, which the U.S. Supreme Court has affirmed includes gender identity and transgender status. This protection means that if an employee is being harassed at work because they are receiving gender-affirming care—or because of their gender identity in general—they have the right to take action.
Addressing unlawful mistreatment
Harassment related to gender-affirming care may include invasive or offensive questions about a person’s body or medical treatment, repeated use of incorrect pronouns or names, mockery, threats or attempts to exclude the employee from work-related opportunities. Even remarks framed as jokes or curiosity can contribute to a toxic environment if they target someone’s identity or treatment decisions.
Employers have a legal obligation to prevent and respond to workplace harassment. If an employee reports inappropriate behavior and the employer fails to take prompt and effective corrective action, the employer may be held liable. Workers experiencing this kind of harassment should document each incident, including the date, time, location and any witnesses. Reporting concerns to HR or a designated manager in writing is also recommended, as it creates a record of the complaint.
Employees need to know they don’t have to tolerate this behavior and that they are not alone. Legal remedies may include filing a charge with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. If internal complaints go unresolved or retaliation occurs, it may be time to consult an employment law attorney.
Everyone deserves to work in an environment where they are treated with dignity and respect, regardless of their medical choices or gender identity. When sexual harassment arises in connection with gender-affirming care, it is not only discriminatory—it may be legally actionable.
