Nevada is the 14th state to make it illegal for employers to discriminate against transgender people in the workplace. On Tuesday, May 24, Nevada Governor Brian Sandoval signed into law AB211, which adds gender identity and expression to the State’s existing anti-discrimination statute. “Gender identity or expression” is defined by the statute as “a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.” The statute also expressly provides that "an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity or expression."
Earlier this month, Hawaii became the 13th state to ban workplace discrimination against transgender people. In April, the U.S. Department of Labor outlawed gender identity discrimination within its workplace. In light of emerging legal protections for transgender employees, employers should review their policies and practices to determine compliance with either existing, applicable state law, or, if no law currently exists in the jurisdiction, the potential passage of state laws that will extend anti-discrimination protections to transgender individuals.