The basic American bargain is that those who work hard and meet their responsibilities should be able to get ahead. It is an agreement that workers will be judged and rewarded based on their contributions and capabilities— no matter who they are, what they look like, or where they are from. However, no federal law provides explicit legal protections for transgender workers based on gender identity/expression, and only 17 states and the District of Columbia have laws that offer these protections.
A Broken Bargain for Transgender Workers offers the most comprehensive analysis to date of the inequities facing transgender workers in the American workforce—from finding and keeping good jobs, to having equal access to job-related benefits, to obtaining adequate health insurance coverage. The report also offers specific recommendations for policymakers and employers to reduce and eliminate inequities for transgender workers and help restore America’s basic workplace bargain of fairness and equality.
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Founded in 2006, the Movement Advancement Project (MAP) is an independent, nonprofit think tank that provides rigorous research, insight and communications that help speed equality and opportunity for all.
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The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.
“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.
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