Right now, bias against transgender employees or applicants isn’t explicitly forbidden by federal law — but that doesn’t mean it can’t get employers in trouble.
A Philadelphia hair salon is learning that the hard way.
Daniel Brant claims the salon fired him because he doesn’t “conform to stereotypes regarding how males should appear and behave.” While employed, Brant normally went to work in high heels and women’s clothes.
He says the company stopped sending him male customers, believing Brant would make them uncomfortable. His hours were eventually reduced to one shift per week. Eventually he was fired for referring customers to another salon.
Brant has filed a lawsuit, arguing that was pretext for gender discrimination.
However, the salon claims it wasn’t the cross-dressing that got him in trouble — it was the women’s clothes he decided to wear. “If he had wanted to wear a dress, that would have been fine,” said Brant’s former manager. “But at one point, he was wearing Daisy Dukes shorts. He was basically uncovered.”
How will the case turn out? On the one hand, several federal courts have held that firing someone for not conforming to gender stereotypes is sex discrimination. But on the other hand, cross-dresser or not, companies are normally allowed to enforce a dress code.
We’ll keep you posted.
