Laws that Prohibit Transgender Discrimination in the United States
Laws are strongly enacted in the United States to prohibit unequal treatment and discrimination against transgender people. These laws cover the federal, state, and local ordinances that can be explained as follows:
Federal law: The ENDA (Employment Non-Discrimination Act) is introduced in the United States to protect against transgender discrimination in the country but there is no particular federal law in the country that is designed to protect the transgender class.
The provisions of ENDA regulate the protection of federal civil rights of gender identity. It considers equal housing, and health care facilities under the scope of the act to reduce or remove the discrimination that assists the protection of their dignity.
State law: More than 225 jurisdictions in the different states of the United States feature legislation that prohibits discrimination on the ground of sexual identity, employment, and public accommodation. The anti-transgender activists put the law up for repeal on statewide discrimination against transgender people and birth certificates are also regulated by the state law. Still, 35 states of the country lack those protections that exist in other provinces.
Local law: Municipalities under the local law passes some ordinances that safeguard transgender citizens from any kind of discrimination which violates their rights and privileges.
Certain Transgender Rights in the Country
117 bills are introduced by the government in more than 33 states to restrict the rights of the transgender population such as equal protection clause, equal employment opportunity commission, and gender identity in employment. Some rights of transgender people are:
Right to marry and parental rights: Transgender people have the right to marry without regard to sex where same-sex marriage is also allowed by the court and the eligibility criteria are not determined for a transgender person to marry. The court provides a right to a transgender person to have child custody where the parentâ€™s transgender status is not weighted and they can be a capable parent. A transgender also has reproductive rights.
Rights for identity documents: This right is a major concern for transgender people because of procedures for changing a name and gender marker on the birth certificate, driving license, and passport. According to the difference in statesâ€™ laws, transgender people can change their name in some states without any difficulty but in a few states, this process requires a courtâ€™s order and legal notice. State courts issue some rules for transgender people about birth certificates such as some states require medical proof of sex.
Employment, education, and health care rights: The Supreme Court extends protections to transgender individuals in employment by providing them equal opportunities. Twenty-two states of the country extend the protection in the public employment category. Gender identity and gender expression are prohibited in the education sector and the transgender student has the right to avail same benefits of education and training programs as others enjoy these privileges.
Similarly, transgender people have the right to enjoy health care benefits in the form of health insurance coverage and medical benefits in the country.
Investigations of Transgender Discrimination Complaints
State and local agencies investigate the discrimination complaints in the following ways based on sexual orientation and gender identity.
Enforcement agencies in states investigate all reported complaints and incidents against transgender discrimination in the areas of housing, employment, health care, and public accommodation.
These agencies provide an easy and accessible path to file a discrimination complaint against anyone responsible for the act and also provide free training for housing providers and health care administrators to understand the law.
Government agencies use pair-testing methods to detect or investigate the incident by matching individuals or properties as a subject in the case and then they can seek to extend harsh penalties for the guilty person.
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