Jay is transgender. She is a foreman who has chosen to be known as male while at work and at all other times as a female. She has applied to become Lead Foreman multiple times and has been denied each time. She has a reputation for being gay, as someone who dresses in women's clothing, or bisexual. This makes her supervisor and some coworkers uncomfortable.
Jay has worked for the company for several years, and other employees who have worked there for less time and with less work experience have been promoted. One reason that Jay was denied a promotion previously was because she failed to meet “grooming standards.” Her supervisor admitted that this was because Jay sometimes wore makeup while at work and always had manicured nails which are all grooming habits associated with femininity. Her supervisors have admitted that they created a probationary period for Jay because she is transgender and feels she does not have enough masculinity to lead. She was denied the most recent promotion to Lead Foreman for lack of “command presence.” Her supervisor feels that her lack of command presence means that her subordinates will not respect her due to her lack of projecting a masculine image of confidence.
Can this employer deny Jay the right to dress in a manner that expresses the employee’s gender identity or expression?
Please select the single best answer
