Trans Workers’ Rights & Discrimination in Washington State

Work should be a place where everyone is treated with dignity and respect, but for many transgender, nonbinary, and gender-diverse workers, discrimination remains a daily reality. While Washington State has some of the strongest legal protections in the country, trans employees still face misgendering, wrongful termination, harassment, and barriers to fair treatment.

Understanding your legal rights is the first step in ensuring a safe and inclusive workplace. However, recent changes at the federal level, including weakened enforcement of LGBTQ+ discrimination protections by the Equal Employment Opportunity Commission (EEOC), make state-level protections more critical than ever. In this post, we’ll break down the laws that protect trans workers in Washington, common forms of workplace discrimination, and what steps you can take if your rights are violated.

Legal Protections for Trans Workers in Washington

Washington State has some of the strongest anti-discrimination laws in the country for transgender workers. Key protections include:

Washington Law Against Discrimination (WLAD) – Prohibits discrimination based on gender identity, gender expression, and sexual orientation in employment, housing, and public accommodations.
Title VII of the Civil Rights Act – A federal law that protects employees from workplace discrimination based on sex, which includes gender identity and gender expression (as confirmed by the U.S. Supreme Court in Bostock v. Clayton County).
Seattle’s Human Rights Law – Provides additional protections within Seattle city limits, prohibiting employment discrimination based on gender identity and expression.
Name & Gender Marker Rights – Employers must respect your chosen name and pronouns, even if they differ from your legal documentation.

Common Forms of Workplace Discrimination Against Trans Employees

Transgender and nonbinary workers often face unique challenges in the workplace. Discriminatory actions may include:

Refusing to use correct pronouns or chosen name
Unequal pay or job opportunities based on gender identity
Harassment or creating a hostile work environment (e.g., misgendering, derogatory remarks, or intentional exclusion)
Restrictions on restroom access – Employers cannot force trans employees to use facilities that do not align with their gender identity.
Wrongful termination, demotions, or retaliation after coming out as trans or requesting accommodations

With federal enforcement weakened, some employers may feel emboldened to discriminate, making state and local protections even more vital.

Restroom & Dress Code Protections

In Washington, trans workers have the right to use restrooms and locker rooms that align with their gender identity. Employers cannot require proof of medical transition or force you to use a separate, single-occupancy restroom unless it is your personal preference. Dress codes must be applied equally to all employees. Employers cannot impose different standards on trans or nonbinary employees that they wouldn’t enforce for cisgender employees of the same gender.

Filing a Workplace Discrimination Complaint

If you face discrimination at work, you have several options for filing a complaint:

Washington State Human Rights Commission (WSHRC) – You can file a complaint online if you believe you were discriminated against due to your gender identity or expression.
Equal Employment Opportunity Commission (EEOC) – A federal agency that enforces anti-discrimination laws, including Title VII protections.
Seattle Office for Civil Rights (SOCR) – If you work in Seattle, you can also file a complaint through this office.

We strongly recommend keeping records of discriminatory incidents (e.g., emails, messages, performance reviews, witness statements) and consulting an employment attorney before filing a claim.

How We Can Help

At Stockwell Law Firm, we believe that every worker deserves a safe, fair, and inclusive workplace. If you have faced discrimination or harassment because of your gender identity or gender expression, we can help. You don’t have to navigate it alone. Contact us today for a free consultation.