"Discrimination based on gay or transgender identity necessarily leads to discrimination based on gender; the former cannot occur without the latter."For example, if an employer fires a female employee who has married a woman but does not fire a male employee who has married a woman, then the employer has acted against the employee because of the employee's gender, because the employee would not do so if the employee was not a woman. Similarly, if an employer fires an employee because the employee was identified as a male at birth, but uses female pronouns and has a female identity, then the employer has acted against the employee because of his or her gender, because it would not have done so had it not been for the fact that the employee was originally identified as a male.
Discrimination and Work Conditions
The law forbids sexual orientation and gender identity discrimination in any aspect of employment, including employment, dismissal, wages, job distribution, promotion, layoffs, training, additional benefits and any other terms or conditions of employment.
Discrimination and Harassment
It is illegal to have employees be harassed for their sexual orientation or gender identity in the workplace and to make the work environment hostile. Harassment can be offensive or derogatory remarks about sexual orientation (e. g., gay or heterosexual). Making offensive or derogatory remarks about a person's transgender identity or transgender is also harassment.
While the accidental misuse of their preferred names and pronouns is not illegal, the intentional and repeated use of incorrect names and pronouns to refer to transgender employees may create an illegal and unfriendly work environment.
Although the law does not prohibit mere ridicule, casual comment, or less serious isolated incidents, harassment is illegal if it is frequent or severe, creating hostility in the work environment or leading to adverse inauguration decisions (such as victim dismissal or demotion).
The harasser can be the victim's supervisor, other supervisor, colleague, or someone not an employee of the employer, such as a client or customer.
Discrimination and Employment Principles / Practices
Generally, an employer may not dismiss, refuse to hire someone, or cancel his job assignment (or discriminate against him in any other way) because a customer or client would prefer to deal with someone of a different sexual orientation or gender identity. Nor may employers isolate employees based on actual or perceived customer preferences.(For example, not letting employees from jobs open to the public, or deliberately assigning those employees to certain shops or areas, is discriminatory.）
Preventing transgender persons from wearing or displaying clothing consistent with the person's gender identity would constitute gender discrimination.
Discrimination and Retaliation
It is illegal for the employer to retaliate, harass or otherwise punish any employee for:
Oppose employment discrimination that employees have reason to believe is illegal;
Allegations or complaints submitted to the employer;
Or participate in any investigation, hearing or other legal proceedings related to.
Retaliation refers to any behavior that may naturally prevent employees from protesting against discrimination.