Evolution of Transgender Employment Discrimination in U.S. Courts

Abstract

The paper examines federal court cases involving transgender employment discrimination in the United States over the last five decades. It documents the evolution in verdicts and provides an examination of case characteristics related to outcomes. The findings suggest that the number and success rate of cases by transgender plaintiffs are both increasing. The outcomes of such cases were not found to be discernibly different based on geographic location and/or organizational type/occupations of the plaintiffs. Plaintiffs were found to have more success in cases with claims of gender dysphoria and cases with certain types of alleged adverse actions from employers.