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stand up for your rights

Legal protections depend upon your state. You may also be protected by the policies of the company your work for or lease from. There are currently very few Federal protections against gender identity/expression-based discrimination. However, just because you are transgender does not mean you are not entitled to the same rights or covered by the same laws as any other American citizens or nationals. Unfortunately, you will face increased legal discrimination in comparison to cisgender Americans. If you a trans person of color, you will also experience more discrimination than white transgender people. This increased discrimination may put you at increased risk for emotional, physical, and economic harm.
  • Your basic rights
  • Rights violations
  • Immigration/Inmigración
  • Arrest
  • Find an attorney
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While gender identity is not explicitly protected in most of the United States, multiple Federal courts have affirmed that transgender individuals are a protected class under Title VII (workplace) and IX (school) of the Civil Rights Act (1964) and the Fair Housing Act (1968). Regardless, many transgender people continue to experience discrimination at home and work.

Regardless of your identity, remember:
  • No one has the right to deny you service
  • No one has the right to force you to use a specific gendered space
  • No one has the right to force you to to use names/pronouns in social spaces that you don't want to use (you may be obligated to use your legal name in some situations)
  • No one has the right to disclose personal information about you, especially health or education related information, without your consent
  • Law enforcement officers cannot force you to do anything, search your property or yourself, or detain you without a warrant signed by a judge unless they catch you while you are committing a crime
  • If you are placed under arrest you are still entitled to legal counsel

Next steps:
If your rights are violated:
  • Remain calm.
  • Record your interactions, including phone conversations. Video recordings are preferable. In many states, only one party in the recording (e.g., you) needs to know about the recording. Check and see what your state or territory's laws regarding recording are, as you may need to disclose that you are recording.
  • Document as much as you can. Keep receipts, emails, letters, contracts, or anything else related to what happened to you.
  • Contact a civil rights attorney immediately.

If you experience police discrimination:
  • All tips above
  • You have the right to refuse search or seizure of person or property unless the officer has a warrant in hand. If you are caught in the commission of an offense, then police do have the right to arrest you and search you and your property.
  • If police proceed to search or seize property without a warrant, do not interfere with them or you will be arrested. State clearly and loudly that you do not consent to search or seizure. Record (or have a witness record) if possible.
  • If you are placed under arrest, you have the right to an attorney. Request an attorney immediately.
  • You have the right to remain silent, even if police have search or arrest warrant. It is in your best interests to invoke this right without an attorney present.
  • If police say, "innocent people have nothing to hide, so not letting us search your house or not answering our questions makes us suspicious," then know this is a bullying tactic. Innocent people have nothing to hide, but everyone has the right to due process.

Next steps:
Puede ser doblemente aterrador ser transgénero e inmigrante en los Estados Unidos en este momento. Independientemente de su identidad de género y estado migratorio, usted todavía tiene derecho a ser tratado con dignidad y respeto.

Encontrar ayuda:
It can be doubly scary to be both transgender and an immigrant to the United States right now. Regardless of your gender identity and immigration status, you are still entitled to being treated with dignity and respect.

Next steps:
Transgender individuals are at extreme risk in custody for both physical and sexual violence. Additionally, police will most likely not respect your gender identity when it comes to where you are housed.

Here are some basic tips for managing an arrest:
  • If you are placed under arrest, the officer must inform you of your right to remain silent, to seek legal counsel from an attorney, and that an attorney will be provided to you upon request.
  • Make note of the badge number and name of the arresting officer.
  • Have a designated person to come and bail you out of jail. Text or call them immediately. If you make contact with them, inform the arresting officer that someone will meet you at the police station to post bond and to please not book you. If you have an attorney, make sure that person has their number so they can notify them prior to you arriving at the police station.
  • Do not say anything. When questioned, ask for an attorney.
  • Be as cooperative as possible without allowing officers to violate your rights. The more cooperative you are, the more likely they will be to work with you when it comes to which cell you are held in.
  • You may be subjected to a strip-search if you are booked/processed, even for a minor offense. This will most likely out you. You should feel free to request an officer of the same gender.
  • Request to be held by yourself. Cite safety concerns.

Next steps:
Darcy Jeda Corbitt Foundation does not provide legal aid or counsel. These resources have been reviewed by a practicing member of the bar for accuracy and should be considered a starting-point for seeking qualified legal help.
Legal counsel should be sought from a licensed attorney.

External links are provided to assist users in their transition by connecting them to more specialized resources. Darcy Jeda Corbitt Foundation and MyTransitionPartner do not vet the resources we provide on this website. We cannot guarantee the helpfulness or quality of the external resources we provide. Content on the links provided are reflective of the opinions and experience of the content's author. Linked external pages do no imply endorsement.