(NYT Editorial) The Struggle for Fairness for Transgender Workers

Shortly after graduating from college in Pennsylvania last year, Elaine Rita Mendus hopped on a Greyhound bus, hoping the $2,000 in her bank account would keep her afloat until the first paycheck. There was only one city in the country that seemed moderately promising for a 6-foot-3 transgender woman in the early stages of transitioning to launch a career.

“I figured, where else will I be accepted?” Ms. Mendus, 24, said. “New York.”

It was a rude awakening. The luckiest break she caught after a monthslong quest to find steady work was a coveted slot at one of the city’s few homeless shelters that give refuge to gay and transgender youths for a few months. It was a blessing, she said, but also “a really strange pill to swallow.”
Americans’ understanding of transgender people has been shaped recently by the riveting, glamorous lives of the former Olympian Caitlyn Jenner and the actress Laverne Cox. The two, though, are far from representative of an economically disadvantaged community that continues to face pervasive employment discrimination, partly as a result of lagging legal protections.

Roughly 15 percent of transgender Americans earn less than $10,000 a year, a rate of extreme poverty that is almost four times higher than the national average, according to the National Center for Transgender Equality and the National Gay and Lesbian Task Force. They are twice as likely to be unemployed as the general population, though transgender Americans have a higher level of education than the general population. About 16 percent of respondents to a 2011 survey said they resorted to illegal trades like prostitution and drug dealing. Ninety percent said they faced harassment, mistreatment or discrimination on the job. The worst off are black and Hispanic transgender women, particularly those who don’t have the means to alter their physical appearance as much as they would like. For many, coming out means being drawn into a cycle of debt, despair and dreadful choices.

In 1993, Minnesota became the first state to enact a law protecting employees from discrimination on the basis of gender identity. Since then, 18 other states, the District of Columbia, Puerto Rico and scores of jurisdictions have taken similar steps, which today collectively cover about 51 percent of the population.

In 2012, the Equal Employment Opportunity Commission began taking the position that discrimination against transgender employees was a form of sex discrimination under the Civil Rights Act of 1964. That offers individuals valuable legal recourse, but pursuing claims through the E.E.O.C. is time-consuming and generally futile for those who cannot afford to hire a lawyer.

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