Other

JVC: Complying with transgender legal developments

OtherMar 23, 2016

JVC: Complying with transgender legal developments

Sex discrimination laws recently have been interpreted to include discrimination on the basis of gender identity--an individual’s perceived gender. Suzan Flamm with the JVC tells jewelers what they need to know about these developments.

Most employers are familiar with the federal and state laws that prohibit discrimination on the basis of sex. These laws recently have been interpreted by the U.S. Department of Labor, state and local agencies, and courts to include discrimination on the basis of gender identity--an individual’s perceived gender, which may or may not be their actual gender. This means that it is unlawful for an employer to discriminate against an employee or applicant based upon gender identity. In some state and local jurisdictions, it is also unlawful to discriminate on that basis against visitors to places of public accommodation, including stores.


Suzan R. Flamm, Esq. (suzan@jvclegal.org) is senior counsel of the Jewelers Vigilance CommitteeOn the federal level, the Equal Employment Opportunity Commission has not only indicated that it will energetically pursue discrimination claims made by transgender people, but has initiated several cases. In a related development, in June of this year, the U.S. Department of Labor issued guidance on best practices for providing restroom access to transgender workers. 

Below, we review the recent changes in state and federal law and how those impact jewelers, as both employers and owners of stores.

Gender identity and gender expression
Gender identity is an individual’s sense of being either male or female, or something other or in-between. Gender expression describes external behaviors that are perceived as either masculine or feminine, such as dress, mannerisms, speech patterns and social interaction. “Transgender” is an umbrella term. It includes anyone whose gender identity or gender expression does not match society’s expectations of how an individual who was assigned a particular sex at birth should behave in relation to that assignment.

Recent federal cases
The EEOC recently filed lawsuits against two companies, alleging that transgender employees at the companies had been subjected to sex discrimination. In both cases, the transgender employees alleged that they were fired shortly after notifying their employers that they would begin transitioning from presenting as men to presenting as women.

In a third action brought by the EEOC, a transgender employee, who presented as a man at the time of hire and later began to present as a woman, was not allowed by her company to use the women’s restroom. She also alleged that she was subjected to a hostile work environment, including hurtful language and the use of male pronouns in reference to her. While one of these cases

settled, two are still pending.

Guidance from the U.S. Department of Labor regarding restrooms
In its guidance, the U.S. Department of Labor advised that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity--their sense of which gender they are. Employers should not impose unreasonable restrictions on employees’ use of restroom facilities by, for example, requiring them to use gender-neutral or other specific bathrooms and thus segregating them from other workers.

Moreover, transgender employees should determine the most appropriate and safest option for themselves, and employers should not obligate them to provide any medical or legal documentation regarding their gender identity. Employers who fail to comply with the guidance put themselves at risk of receiving a citation from OSHA. They would also be vulnerable to regulatory or private-party action under Title VII of the Civil Rights Act.

Transgender visitors to retail stores covered by some state and local laws
At the local level, 18 states and the District of Columbia have enacted laws that clearly prohibit transgender discrimination. In October of this year, the governor of New York State issued regulations banning harassment and discrimination against this protected class. Additionally, at least 200 cities and counties now ban gender identity discrimination. 

The laws of many of these jurisdictions apply not only to employees, but also to individuals visiting places of public accommodation--establishments that provide goods and services to the general public, including retail stores.

In New York City, for example, it is a discriminatory practice for a public accommodation to refuse facilities or services based upon a person’s actual or perceived gender. Pursuant to this law, public accommodations, including stores, should allow individuals to use restrooms that are consistent with their gender identity or gender expression. They should also allow them the use of restrooms without requiring identification to prove their gender. Additionally, pursuant to the New York City law, individuals should be addressed with names and pronouns appropriate to their gender identity.

What employers and stores should do
Employers should adopt and implement policies that address the use by transgender employees of restroom facilities. The policy should make clear that a transgender employee will not be required to use any particular restroom. It should describe the options available to the employee. Next, train managers and human resources personnel regarding this policy. Make clear that transgender employees may use the facility where he or she feels safest and most comfortable.

Since stores are places of public accommodation, owners or managers should learn the law in their jurisdiction. If state or local laws prohibit transgender discrimination in public accommodations, such as stores, they should adopt and implement policies regarding restroom use, as described above. Be sure that employees are appropriately trained on the use of restroom facilities by transgender customers.

Conclusion
To stay in compliance with laws relating to discrimination in the workplace and in places of public accommodation, jewelers should stay current regarding all applicable regulations, and make sure that employees are trained on relevant law. The JVC is available to help the jewelry industry fulfill its obligations by providing educational resources. For more information, visit JVC’s website at www.jvclegal.org, or call 212-997-2002.

Suzan R. Flamm, Esq. is senior counsel of the Jewelers Vigilance Committee. Email her at suzan@jvclegal.org.

Michelle Graffis the editor-in-chief at National Jeweler, directing the publication’s coverage both online and in print.

The Latest

Stock image of gavel
CrimeDec 15, 2025
Men Receive Life Sentences in Home Invasion Murder of Jeweler

Carlos Jose Hernandez and Joshua Zuazo were sentenced to life without the possibility of parole in the 2024 murder of Hussein “Sam” Murray.

Eduard Stefanescu, left, and Sara Yood, right
Policies & IssuesDec 15, 2025
Sara Yood Named Co-Chair of RJC Standards Committee

Yood will serve alongside Eduard Stefanescu, the sustainability manager for C.Hafner, a precious metals refiner in Germany.

MS Rau Aspen rendering
IndependentsDec 15, 2025
M.S. Rau to Open Store in Aspen

The New Orleans jeweler is also hosting pop-up jewelry boutiques in New York City and Dallas.

Recipients Collage 2025 - NJ (1872 x 1050 px) (1872 x 1052 px).png
Brought to you by
Impacting Tomorrow Today

How Jewelers of America’s 20 Under 40 are leading to ensure a brighter future for the jewelry industry.

Tiffany & Co. Paraíba tourmaline jewelry
AuctionsDec 12, 2025
13.54-Carat Paraíba Tourmaline Sets Records at Christie’s

Set in a Tiffany & Co. necklace, it sold for $4.2 million, the highest price and price per carat paid for a Paraíba tourmaline at auction.

Weekly QuizDec 11, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
David Webb holiday window
MajorsDec 12, 2025
David Webb Reveals Ice-Cold Holiday Window Display

The jeweler’s “Deep Freeze” display showcases its iconic jewelry designs frozen in a vintage icebox.

Oscar Heyman Yellow Green Sphene and Diamond Ring
CollectionsDec 12, 2025
Piece of the Week: Oscar Heyman’s Sphene Ring

Take luxury gifting to new heights this holiday season with the jeweler’s showstopping 12-carat sphene ring.

roseco-catalog.png
Brought to you by
Roseco Releases New Full-Line Catalog

Roseco’s 704-page catalog showcases new lab-grown diamonds, findings, tools & more—available in print or interactive digital editions.

IGI Design Contest Graphic
Events & AwardsDec 12, 2025
IGI Jewelry Design Contest Now Accepting Submissions

This year's theme is “Unveiling the Depths of the Ocean.”

Jacquie Aiche Alien Heart Eye Inlay Necklace, Cicada Dragonfly Brooch, Harkness After the Rain Earrings
TrendsDec 11, 2025
Pinterest 2026 Trend Report: Brooches, Bold Gold, Cool Blue

In its annual report, Pinterest noted an increase in searches for brooches, heirloom jewelry, and ‘80s luxury.

GIA new colored stone report
GradingDec 11, 2025
GIA to Offer Origin Determination for 3 More Gemstones

Starting Jan. 1, customers can request the service for opal, peridot, and demantoid garnet.

Day’s Jewelers Salem New Hampshire store exterior
IndependentsDec 11, 2025
Look Inside Day’s Jewelers’ Ninth Store

The 111-year-old retailer celebrated the opening of its new location in Salem, New Hampshire, which is its third store in the state.

Americas Gold Chain Catalog Volume 3
MajorsDec 11, 2025
Americas Gold Releases New Gold Chain Catalog

The new catalog features its most popular chains as well as new styles.

F.P. Journe FFC prototype
AuctionsDec 10, 2025
Francis Ford Coppola’s Watch Sells for $10.8M

The filmmaker’s personal F.P. Journe “FFC” prototype was the star of Phillips’ recent record-setting watch auction in New York.

Rolex Miami store
WatchesDec 10, 2025
There’s A New Rolex Boutique in Miami

The new location in the Design District pays homage to Miami’s Art Deco heritage and its connection to the ocean.

Stock image of consumers shopping in the winter
SurveysDec 10, 2025
Consumer Confidence Drops in November

Inflations, tariffs, and politics—including the government shutdown—were among consumers’ top concerns last month.

National Association of Jewelry Appraisers logo
SourcingDec 10, 2025
NAJA Announces Details for 2026 ‘Ace It’ Winter Conference

“Longtime favorite” presenters, as well as first-time speakers, will lead talks and workshops at the annual event in Tucson next year.

Silas Smith and his Responsible Design Challenge Winning Pendant
Events & AwardsDec 10, 2025
MJSA Names 2025 Responsible Design Challenge Winner

Silas Smith of Meridian Metalworks won the challenge with his pendant that blends Australian and American landscapes.

Sothebys orangy pink The Desert Rose diamond
AuctionsDec 09, 2025
‘Desert Rose’ Diamond Sells for $8.8M in Abu Dhabi

The sale of the 31.68-carat, sunset-hued stone was part of Sotheby’s first series of events and auctions in Abu Dhabi.

National Jeweler columnist and Smart Age Solutions CEO Emmanuel Raheb
ColumnistsDec 09, 2025
Holiday Sales Happen in December, Most Decisions Don’t

Most customers who walk into your store this month have made up their minds. Your job is to validate their choice, Emmanuel Raheb writes.

Guzema Once Upon a Time Collection Campaign
TrendsDec 09, 2025
‘Once Upon a Time,’ Guzema Debuted Its Holiday Collection

The collection features characters and motifs from Ukrainian folklore, including an enchanted mirror and a magic egg.

Gemvision by Stuller MatrixGold 3.11
TechnologyDec 09, 2025
Gemvision Releases Updated MatrixGold

MatrixGold 3.11, the newest version of the jewelry design program, offers more flexibility, precision, and creative control.

Sign at the JA New York jewelry trade show
Events & AwardsDec 09, 2025
MJSA Showcase Pavilion Returning to JA New York

The pavilion will be part of the 2026 JA New York Spring show, scheduled for March 15 to 17.

Juell Kadet, former executive vice president of Rogers & Hollands
MajorsDec 08, 2025
Juell Kadet, a ‘Lifelong Pillar’ of Rogers & Hollands, Dies at 96

Kadet, a 1994 National Jeweler Retailer Hall of Fame inductee, helped grow the family-owned retailer in the Chicago area and beyond.

Lumia 2 smart earrings
TechnologyDec 08, 2025
You’ve Heard of Smart Watches and Rings; Meet Smart Earrings

Billed as the world’s smallest wearable, Lumia Health’s new smart earrings have a health tracker subtly embedded in the back.

Lionheart Wildflower Double Cocktail Ring
TrendsDec 08, 2025
Amanda’s Style File: Celebrating December’s Birthstones

Don’t let those with December birthdays feel blue. Help them celebrate their month with blue zircon, turquoise, and tanzanite.

Robinson Pelham Tsar Star Earrings in Blaze
CollectionsDec 05, 2025
Piece of the Week: Robinson Pelham’s ‘Tsar Star’ Earrings

The new pink sapphire version of the piece dances with its wearer in the brand’s “Icons After Dark” holiday campaign.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy