Legal questions

[skylance]

Just had a few questions for clarification more than anything

Is crossdressing considered a form of Transgenderism, even if the dresser has no intention of transitioning to the opposite sex?

Is Transgenderism a defined as a "Sexual Orientation" under the federally protected status laws?

And finally, if a crossdresser is "outed" at the work place and starts taking "flak" for it (hasn't happened to me) what possible legal actions would be a possibility to undertake?

Like i said, just asking as a clarification to some question that have popped into my head and thought an answer to them would be nice

[Ann Thomas]

I'm looking forward to the answers to "Is crossdressing considered a form of Transgenderism, even if the dresser has no intention of transitioning to the opposite sex?" because I've had the same question and have assumed the answer is yes.

Regarding "Sexual Orientation" I've been confused by that also the same way. Sometimes I've seen Gender Expression mentioned, which is very clear to me what that means. But it's not on the federal list.

I've been outed in the workplace a couple of times and taken some flak for it by some while others defend me. I watch how far it goes and if I feel it becomes sexual harassment, I'd pursue filing a complaint under those guidelines in general, but I'd probably seek an attorney's advice first. I'm sure the laws vary state to state quite significantly.

[sissystephanie]

Crossdressing is very definitely considered a form of Transgenderism, whether the CD intends to transition or not. That is according to a Psychologist I went to some time ago! Linda Carpenter gave some very good advice about seeking an attorney's advice before doing anything regarding being sexually harassed. The laws do vary greatly from state to state.

[charlie]

Hello Sky!
Like it or not we who dress in the apparel of the opposite sex are transgendered to a certain degree. If you want to remain male and crossdress, you are just less transgendered then a person who wishes to transition to being the opposite sex all the time....but transgendered nonetheless.

[juno]

Is crossdressing considered a form of Transgenderism, even if the dresser has no intention of transitioning to the opposite sex?
Yes. Transgender is a broad term that includes all forms of mental mixed-gender states. Generally, some who wants to transition is considered a transsexual. Technically, transsexual means the person fully identifies mentally with the opposite gender (i.e. woman trapped in a mans body) whether or not they actually transition.


Is Transgenderism a defined as a "Sexual Orientation" under the federally protected status laws?
If you are talking about the USA, the answer is no. There is an effort to pass ENDA, which will include transgender. Some states and cities have laws protecting transgenders.


And finally, if a crossdresser is "outed" at the work place and starts taking "flak" for it (hasn't happened to me) what possible legal actions would be a possibility to undertake?
It would be no different from legal action for abusive treatment for having a large nose. There is no specific law against bad behavior, but you can sue for just about anything.

For more info, see http://www.transgenderlaw.org

[Cassidy]

Two tests for harassment that have to be met are the attention is unwarranted and consistent. Flack is one thing as in a stray comment however if the stray comment becomes unwarranted as in '...meet skylance, he's our cross-dresser...' each time you are introduced. This behavior would be considered unwaranted because it is not necessary. If said person consistently referrs to you as cross-dreser or calls to you from across the workplace as in '...hey cross-dresser I need your input on this...' If the same behavior is repeated day after day to the point it starts to interfere with your daily work and life outside of the workplace that would meet the consistency test.

Google civil treatment for additional information and additional tests to prove harassment. Depending on the company the last thing they want is a harassment charge or to be brought up on civil treatment charges.

With regard to trans-genderism and sexual orientation there are work place rules that pertain to both. That you'll have to research as it falls under the umbrella of employmnet law.

Don't let the behavior fester as it will definitely affect you. The instigator relys on the premise you will not act so do what is necessary.

[Leelou]

In WA state, I believe the law protects against discrimination on basis of gender identity. I would think crossdressers would fall under that.

[linnea]

You've already received some very good advice; I would recommend strongly that you do some research about your particular employer, about the particular laws in your state, and that you act. As Cassidy wrote, instigators rely on the premise that you will not act; that's how they keep getting away with that kind of thing (it's like bullying of any kind).
Good luck.