Transgender Discrimination Federal Worker Executive Order

July 3rd, 2014 | by RON BELL

President Obama and the White House are preparing an executive order offering transgender federal workers formal protection from discrimination at work.  This will be the third measure taken to ensure the federal government cannot fire a federal employee for being a transgender.  Most corporations have non-discrimination policies in place in addition to non-discrimination laws on the federal level and each individual state level to protect all employees.  All employees in Albuquerque, New Mexico and throughout the United States should be treated fairly whether a transgender or a non-transgender.  Work performance should be the only factor when deciding to fire an employee, not sexual preference or transgender status.

Workplace discrimination happens to employees who are of all colors, race, religion or sexual preference.  That is why the federal and state governments have anti-discrimination laws in place not only for when an employee is terminated, but also when a work injury occurs.  Unfortunately, when an employee reports a work related injury to their employer, the workplace discrimination may start almost immediately.  This happens by not allowing an injured worker to seek medical treatment right away after an injury, or being denied compensation while an injured worker heals.  There are several actions a worker can take in the event they feel discriminated against by an employer.  Contacting an experienced New Mexico workers’ compensation attorney or Albuquerque personal injury lawyer is the first step in ensuring an injured employee is rightfully compensated.

ADA discrimination complaints against private sector employers can be filed with the U.S. Equal Employment Opportunity Commission (EEOC).  To be timely, those complaints must be filed within 180 days of the date the discrimination occurred.  Although that filing deadline is extended if the discrimination occurred in a state or city that has a law prohibiting discrimination on the same basis as the ADA, it’s best to assume the 180 day deadline applies unless the EEOC or a disability attorney confirms an extended deadline applies to your claim.

Rehab Act discrimination complaints against federal employers can be filed with the Equal Employment Opportunity (EEO) office for that agency, not the EEOC.  Generally, federal employees have 45 days from the date of discrimination to contact the EEO counselor at their agency.

Both ADA employment discrimination issues and Rehab Act employment discrimination complaints cannot be filed in court until after they have been processed by the appropriate EEO office.  Ron Bell workers’ compensation attorneys in Albuquerque can provide free legal advice prior to filing a discrimination claim.  Those hurt at work are entitled to be compensated and receive proper medical care to heal from the work accident or work-related injury.  Our injury lawyers are dedicated to ensuring your rights are protected and our clients receive rightful compensation for their injuries.

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