Momentum continues for transgender

protection in workplace; now Nevada

adds broad amendment

             Effective October 1, 2011 Nevada’s discrimination laws are amended to prohibit bias based on “gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”   In defining “gender” the bill goes further and bans discrimination based on an individual’s identity, appearance, expression, or behavior as they relate to an individual’s gender.  Note that clothing and grooming guidelines imposed by employers would be permissible, as long as there is no inconsistent treatment between males in general and those identifying with the male gender.  For example, forbidding males generally from wearing earrings would be lawful, so long as transgender employees and male-identifying employees are treated consistently.

             Illinois also bans discrimination on the basis of gender identity, although virtually all of the cases arising under this relatively recent amendment have involved orientation issues.

             Wisconsin and Indiana have no such provisions in their respective employment laws.

  7/15/2011