Monday, April 30, 2012

Gender Identity & Discrimination

Discrimination can be alienating.


Gender identity refers to an individual's sexual self-identity (as a man or a woman) and is not based on physical sex. The majority of people have a gender identity that matches their sex; most men consider themselves male and most women think of themselves as female. However, since cases where someone's gender identity and physical sex oppose the mainstream, there is a possibility for discrimination.


Gender Expression


Gender expression is interpretation of male or female traits, generally accepted by society. Gender expression and gender identity are not necessarily the same; for example, a male may consider himself male, but then perceive himself as feminine.


Transgender


People who were transgender do not conform to the cultural norms of society. Typically, transgender people are considered those who are undergoing a sex change operation, but the term actually includes: cross-dressers, transvestites, feminine men and masculine women, or people who may be perceived as androgynous (sex-less). Transgendered people are more likely to encounter discrimination.


Examples of Discrimination


Some examples of discrimination based on gender identity include employees who were fired after disclosing intentions of having a sex change operation, transgendered people who are sanctioned for wearing clothing compatible with their gender identity and denial of public accessibility (such as restaurants, stores or schools) based on appearance.


Sexual Orientation


Discrimination based on gender identity is considered different from that based on sexual orientation. Sexual orientation refers to an individual's sexual preference (gay, straight or bisexual); discrimination based on sexual orientation is illegal in most states. Gender identity is exclusive of sexual orientation (many transgendered people are attracted to the opposite sex); this excludes gender identity discrimination from the protection based on sexual orientation.


The Burden of Proof


Discrimination based on gender identity is difficult to prove but not impossible. Many states now prohibit discrimination based on gender identity; those suspecting discrimination based on gender identity should consult with an attorney to determine the validity of their complaint.







Tags: based gender, based gender identity, gender identity, sexual orientation, based sexual, based sexual orientation