If you’re being sexually harassed at work, you may wish to consider:
Each of these items is discussed in more detail below.
Alternatively, you may wish to do nothing. It is an entirely acceptable choice to do nothing about the sexual harassment you experienced. It is all your choice whether to speak up and complain about your experiences.
You can do this verbally (in person or on the phone) or in writing by letter, text message, or email. If you put it in writing, keep copies in the event that you need proof of your opposition to the harassment later. If you make this request verbally, consider asking a trusted co-worker to accompany you to serve as a witness.
If you don’t feel comfortable talking or writing to the harasser directly, you should still keep detailed notes about your interactions and the unwanted sexually harassing experiences you’ve suffered. Keep your notes in a safe place outside of work, like at home or in a private journal, on your personal cell phone, or in your personal, private email account.
Most employers provide an employee manual to employees when they are first hired. Review this to find out what policies might be in place to protect you. If you never got a copy or lost it, ask for a new one. Look for the sections that mention harassment or discrimination, which often include information about how to report the harassment, sex discrimination or misconduct. If there is no information about how or who to report to, see if there is a phone number for your company’s HR, or employee or labor relations.
If you believe that you have been sexually harassed at work, try to write down as much information as you can about what has happened. Here is a list of things that might be helpful to record for your sexual harassment attorney:
Ideally, it will be best if you can:
We understand it’s not always possible to feel comfortable or safe at work after telling your company about the sexual harassment that you’re suffering. Yet, we strongly recommend reporting the harassment to someone at work who is in a position of authority, because it is more difficult to make your employer take corrective action unless you report the harassment internally first.
Make Your Complaint in Writing, if Possible
Reporting the Harassment in Writing
We highly recommend reporting the harassment in writing, whether you send it by email, or by a formal letter sent by FedEx or Priority Mail to your company’s HR or upper management so that you will have tracking information and can prove that your company received your complaint (your goal should be to keep a paper trail of your protected complaints and your company’s responses). Be sure to keep copies of your report(s) in a safe place outside of work, at home, or on a personal email account. For an example of what to write in your complaint letter, see our Notice for Reporting Sexual Harassment at Work.
If Your Complaint is Made Verbally (in person or on the phone)
If you report the harassment verbally (in person or on the phone), we recommend taking notes about the conversation and then sending a follow-up email or letter confirming what happened and what was said during the conversation. For example:
Dear [name of Supervisor or Human Resources Staff],
I’m writing to confirm that we met today [insert date] to discuss the fact that I am being sexually harassed by [name the coworker or manager].
As we discussed, the sexually harassing behavior has included [description of the harassment], and occurred [X number of times], and has been happening since [insert date]. You told me [description of employer’s response and what they committed to do to investigate your claims and what they will do to protect you].
Thank you for taking the time to meet with me about this serious workplace harassment issue that is degrading the terms and conditions of my employment and causing me to suffer severe emotional distress. Sincerely, [Your name]”
If You Report the Harassment Anonymously
While it is best for your own protection and legal leverage to report the harassment directly as you, if reporting the harassment is not an option that feels safe or comfortable, you could make an anonymous report to HR or a manager. Some employers operate helplines or have other ways for you to report problems anonymously, such as an employee assistance program or through an ombudsperson or union delegate.
If You Want to Report the Claim Through Collective Action
You could also align yourself with one or more colleagues to demand a meeting with your employer, submit a group complaint or petition, or take some other action.
Going Through a Union
If you’re a member of a union, you could speak with your union delegate, representative, shop steward, business agent or union attorney, and consider filing a grievance. Ask about the collective bargaining agreement and see if it includes provisions about sexual harassment or other discrimination (it certainly should). If you go to your union with a complaint about sexist, racist, or any other kind of discriminatory harassment, the union has a duty to assist you. This is true even if the person you’re complaining about is also a member of the union.
Legally, your employer must take complaints about sexual harassment seriously and investigate those “protected” civil rights grievances. As soon as your employer is notified about and is aware of the sexual harassment, the law requires them to (1) take immediate action to stop it, and (2) adequately protect you or the person who’s being sexually harassed or otherwise discriminated against in the workplace.
You will likely want to keep your complaint confidential but understand that investigations usually involve interviewing the sexual harasser, the person complaining about sexual harassment, and other employees who may be potential fact witnesses to the sexualizing statements or conduct.
If you would like to speak to an employee rights lawyer about your options, the legal advocates at Tuckner, Sipser, Weinstock & Sipser may be able to assist you. We offer a free and confidential case evaluation when you’re ready to find out about your best strategic legal options. Please contact us by phone or email so that we may arrange to speak with you in total confidence.
If you have experienced sexual harassment at work and your employer is aware but has not stopped it, ignored your harassment complaint, or retaliated against you in any way for complaining, or for supporting someone else’s complaint of sexual harassment, the next step may be to file a legal complaint with a government agency: either with your state or city’s anti-discrimination or civil rights agency, or with the United States Equal Employment Opportunity Commission (EEOC), which has offices throughout the country. As a sexual harassment law firm, we can assist in preparing this complaint.
NOTE –
Your employer cannot prevent you from providing evidence, testifying at a hearing, or communicating with a government agency that is investigating sexual harassment or other forms of discrimination at your workplace. Even if the investigation eventually finds that there was no harassment or discrimination (which is the result in more than 90% of administrative cases, unfortunately), your participation is still a protected civil right, meaning that your employer cannot retaliate against you (punish you) for cooperating with a government investigation.
Please also note – If you are fired or retaliated against for taking any of the above actions, it is illegal, and you could take legal action. Retaliation includes being fired or demoted, cutting your pay, changing your shifts, hours, benefits, or responsibilities, being told to take time off, or any other action that has a negative effect on you or feels like punishment for your protected civil rights complaint.
In all cases there will be critical deadlines and requirements, including filing a charge with a government agency, filing a lawsuit, and other matters, including in some instances receipt of a Notice of Right to Sue letter. If any of these deadlines in missed, you may forfeit your right to seek compensation (which is why we strongly recommend retaining an experienced employment lawyer).
Suing in Federal Court and Key Federal Deadlines
Depending on the state you work in, you either have 180 days or 300 days from the last discriminatory, retaliatory, or harassing act, to file a discrimination “charge” with the EEOC. (Sexual harassment is considered sex discrimination by the EEOC). Check the EEOC’s website to find your state’s filing deadline.
Before suing in federal court, you must first file a charge of discrimination with the US EEOC and then wait to receive your Notice of Right to Sue, which typically takes at least 6 months from the date of EEOC filing. Yet, even if you plan to represent yourself in court (i.e., without an attorney, which is never a good idea), we strongly recommend that you consult with a sexual harassment lawyer well before you file a lawsuit in court.
If you then receive a “Notice of Right to Sue” (NORTS) from the EEOC, you will only have 90 days from receipt of the NORTS to must file a complaint in federal court, which is one of the reasons it is best to take your time and strategize with an employment lawyer regarding the best path to take to accomplish your goals.
Suing in New York State Courts and Key New York Deadlines
The filing deadline for starting lawsuits in all the trial courts throughout New York State is three years from the last sexually harassing, discriminatory, or retaliatory act. There are no other conditions precedent (or, prerequisites) before you’re permitted to start an action in state court. In other words, you don’t need to first receive a “Notice of Right to Sue” letter before bringing a lawsuit in New York State Courts.
However, it’s important to note that if you file a complaint with the State Division of Human Rights and they find “no probable cause” to believe that you were discriminated against, you will lose your right to sue your employer in court under the state’s Human Rights Law, which is another good reason to first consult with a qualified, Plaintiff-side employment lawyer before committing to filing a lawsuit with a federal, state or city administrative agency.
The filing deadline for filing a complaint with the New York City Commission on Human Rights, is three years for all gender-based claims, including sexual harassment, and one year from the last harassing or discriminatory act for all other forms of employment discrimination.
If the City Commission finds against you and in favor of your employer, you may still be able to file a lawsuit in state court under the New York City Human Rights Law thereafter.
Dual-Filing
If your employer has at least 15 employees and you file with either of the New York state or city agencies, ask the intake specialist to “dual-file” your complaint with the EEOC, which these agencies commonly do, so that even if your complaint is dismissed by the agencies, you will still receive your Notice of Right to Sue from the EEOC, which will allow you to sue your former employer in federal court, if your case merits litigation, and if you’re up for the battles to come.
If you decide you are ready to talk and seek confidential advice, we are ready to listen. Click here to speak to a client support advocate about your different options for taking action and to find out how a Tuckner, Sipser, Weinstock & Sipser sexual harassment lawyer can help.
]]>Workplace sexual harassment is considered a form of sex discrimination, so sexual harassment is illegal throughout the United States. Generally, these federal laws apply only to employers with 15 or more employees, but your state likely has better laws that cover smaller employers.
It’s important to note the following:
Retaliation can also be subtle or get worse over time. Examples can include being isolated by coworkers, no longer being invited to meetings, or being cut off from email communications you were formerly on.
If you complained to your boss, HR, or another manager about the sexual harassment and if they failed to do anything for you to correct the situation (or, if they made it worse), you could consider taking legal action for the sex discrimination and retaliation, such as calling our office for a free consultation with a sexual harassment attorney to learn about your options for seeking to end the illegal conduct.
Sexual harassment that was once permitted in the workplace – such as stares, crude jokes, and inappropriate touching (like unwelcome hugs) – is not longer tolerated.
If you are being sexually harassed at work, we can help.
As an experienced New York sexual harassment law firm, we invite you to contact us for a Free Consult and Case Evaluation to learn about your options for stopping harassment and seeking justice.
To speak with a sexual harassment attorney at Tuckner, Sipser, Weinstock & Sipser, please fill out the form below, or call, email or text us to the numbers and addresses found on our contact us page.
In the interim, we invite you to see our page on What Should I Do if I’m Being Sexually Harassed at Work?
]]>New York laws against sexual harassment at work come from both federal and state law. In addition, New York City has its own sexual harassment laws that provide New York City workers with additional protection. In general, these laws offer workers greater protection against sexual harassment in the workplace than federal law.
(a) The employer’s sexual harassment policy; and
(b) The information presented at the sexual harassment prevention training.
In New York, employees have the right to:
For more information on what steps to take and what actions to consider, please see What Should I do if I’m Being Sexually Harassed at Work?
]]>If you take legal action, there are different kinds of “remedies” you can ask for. Some have to do with money as compensation for your back pay losses if you were terminated illegally, and also for your emotional distress, and some remedies have to do with changing your employer’s discriminatory policies and practices. Not everyone can get these remedies, let alone all of them.
Each case is different, and every potential client brings her own expectations, needs, and unique circumstances to this playing field, but these are some common examples of settlement demands that you may be able to obtain if you’re successful in your lawsuit or you reach a settlement.
If you’ve been sexually harassed, we invite you to call our firm for a free consultation and case evaluation to speak with an experienced sexual harassment attorney. It is important that you do so before filling a claim with the EEOC, as if this is done, you will have elected to pursue a certain path that you may not want to pursue without understanding your rights.
And, it is critical to understand that you should not quit before speaking to a sexual harassment lawyer; otherwise, you may lose much of your leverage and potential claims.
]]>In particular, if you want to support your case, you must make such notification so that your company can investigate the harassment and take steps to prevent it from occurring again. It is important to understand that if you have a case of sexual harassment, your case will be against your employer – not the person committing the harassment (unless that individual is the actual employer).
For example, you might want to send a notice to your employer about sexual harassment using the following form letter:
Dear [name of Supervisor or Human Resources Staff],
I’m writing to confirm that I am being sexually harassed by [name the coworker, manager, customer, or client].
The sexually harassing behavior has included [description of the harassment], and occurred [X number of times], and has been happening since [insert date]. More specifically, the harassment has consisted of [detailed description of the harassment]. The following individuals have witnessed or have knowledge of this harassment [name of people].
{if applicable} Attached are copies of [emails, notes, or other material] documenting this harassment.
By this notice, I request:
Sincerely, [Your name]”
This notice is not for all instances involving sexual harassment. While it may be fine for certain types of wrongful conduct (i.e. off-color jokes, requests for dates, unwelcome comments of a sexual nature), it is not suitable for more severe forms of sexual harassment that may border on (or actually be) criminal in nature, such as groping or similar conduct.
As a sexual harassment law firm, we are devoted to ending sexual harassment against women and men. If you have any questions about your workplace treatment, please call us.
]]>In New York, such agencies include:
Please also note:
You may be able to resolve your claims with your employer before you take any legal action, which is generally the best way for employees and former employees to resolve sexual harassment and employment law claims, through alternative dispute resolution, such as pre-litigation attorney negotiations, or private or discrimination agency mediation.
A private sector employee, employed by a company of any size in New York, may file a complaint with the State Division of Human Rights (SDHR). A complaint must be filed within 1 year from the last discriminatory act, usually the employee’s firing.
The SDHR has offices throughout the state, in the cities of Albany, Binghamton, Brooklyn, Buffalo, Manhattan, Long Island, Syracuse, Rochester, and Peekskill.
Address:
New York State Division of Human Rights
One Fordham Plaza
Bronx New York 10458
Telephone: (718) 741-8400
Website: www.dhr.ny.gov
A private sector employee, employed by a company with four or more employees in New York City may file a complaint with the New York City Commission on Human Rights. A complaint must be filed within 1 year from the last discriminatory act, usually defined as the employee’s firing date.
The NYCCHR is charged with enforcing the New York City Human Rights Law, which prohibits sexual harassment in the workplace.
Address:
Law Enforcement Bureau of the NYC Commission on Human Rights
22 Reade St
New York, NY 10007
Telephone: 311 or (212) 306-7450
Website: www.nyc.gov/html/cchr/html/home/home.shtml
As a New York sexual harassment law firm, we frequently receive calls from asking “What is sexual harassment?” The following explains what constitutes sexual harassment in New York, and what your rights are if you’ve been sexually harassed, and what you should do if you are being sexually harassed.
If you’ve been subjected to sexual harassment, you don’t have to take it. The law is on your side. Please consider calling our firm for a free consultation with an experienced New York sexual harassment lawyer to learn about your options.
As New York sexual harassment attorneys, we even the playing field against corporations and managers that act as though they are above the law. Let us help you.
Workplace sexual harassment can take many different forms of unwelcome sexualizing conduct. You can be sexually harassed by a coworker, a supervisor, a client or customer and the harassment can occur from unwanted touching, inappropriate sex-based comments, “jokes,” or someone at work promising a promotion or other job consequence in exchange for your agreement to perform sexual favors.
In New York, sexual harassment is a form of sex or gender-based discrimination.[2] Historically, there were two primary frameworks for understanding sexual harassment under both federal and some state laws, including the discrimination laws in New York.
The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client or customer. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, and/or when it results in an adverse employment action, such as failure to hire or promote, or that leads to employee termination.
In either case, if this is happening to you, a sex harassment lawyer can help.
As sexual harassment attorneys, we can help if you are experiencing these or any other forms of workplace sexual harassment.
Common forms of workplace sexual harassment include:
Sexual harassment is prohibited by:
Federal law, as well as the New York State and City Human Rights Laws also protects against harassment or discrimination based on sexual orientation, gender identity or transgender status. All forms of sex-based discriminatory treatment are now prohibited by law.
For More Information About the Laws That Protect Employees from Workplace Sexual Harassment, Please Click the Following Links:
In some instances, yes.
If the harassment involves physical touching, coerced physical confinement, or non-consensual sexual acts, the conduct may constitute molestation, which is a sex crime.
If you are being sexually harassed at work, there are critical steps that you should take. Please see our page – “What Should I Do if I’m Being Sexually Harassed at Work?” This pages discusses how you should document your harassment, options for reporting the harassment to HR or management, and what actions you can take with respect to filing charges with the government and/or suing your employer.
Additionally, we urge that you consult with an experience sexual harassment attorney. As a sexual harassment law firm, we are dedicated to ending wrongful workplace conduct and advocating for the rights of employees.
If you have questions about your rights and options and/or if you are interested in filing a sexual harassment complaint, please contact us at (212) 766-9100 or (845) 201-0200, or at www.womensrightsny.com to schedule a no-charge consultation.
If you quit, you may lose your leverage against your employer for the wrongful conduct that has occurred. As a New York sexual harassment law firm, we invite you to contact us to learn about how we can help.
Your social media posts can and often will be obtained and may be used against you by your employer later to discredit your account of what happened. Even if you are posting on a private social media account, any posts may still be used to your disadvantage in an administrative proceeding or in state or federal court, which may undermine your claims.
There are time limits for filing complaints of sexual harassment at work. For example, for those working in New York, the federal EEOC filing deadline is 300 days from the “last discriminatory act,” so don’t delay in seeking advice and counsel within these time limits.
It is important to keep emails, text messages, notes, or any other physical evidence of sexual harassment. New York is a “one-party consent” state, which means that only one participant’s consent is required for you to lawfully record others. It is not illegal in New York to record another person if you are party to the conversation that you’re recording.
When someone is accused of sexual harassment, it is not uncommon for an employer to claim that a person was just too sensitive, and that the harasser was only joking. However, sexual harassment law looks to how a reasonable person would react to the behavior or conduct, and the impact of that – it is less important what the person accused intended.
Sexual harassment complaints can be lodged with the United States EEOC, as well as the New York State Division on Human Rights and the New York City Commission on Human Rights.
Before filing a federal lawsuit, a person must first file a complaint with the EEOC, and the person must receive from the EEOC what is called a “Notice of Right to Sue”. It’s important to understand that even after an investigation the EEO will usually decline to take any action in more than 90% of investigations.
It’s also important to understand that a person will only have 90 Days after receiving a Notice of Right to Sue to bring a federal lawsuit.
While this notice is required before a federal lawsuit can be filed, in many instances it’s better to see if an appropriate settlement can be obtained from the employer before proceeding down this path.
New York also has various procedures for filing charges both with the state, and, if applicable, with New York city. In some cases, it may not be advantageous to file a complaint before proceeding to file a lawsuit.
There are also strategic considerations that should be taken into account before taking any action, particularly because:
As a result, it is critical to obtain the services of a New York Sexual Harassment Attorney who can advise on these matters. We invite you to contact us for a free call to lean more about you case and what options might be the best for you depending upon your objectives.
For more info, please see our page “How to File a Sexual Harassment Complaint in New York with the New York State Division of Human Rights (NYSDHR).“
Illegal retaliation occurs when the “terms or conditions” of one’s work are unfavorably changed as a result of one’s reporting sexual harassment or cooperating with the investigation of a sexual harassment complaint or lawsuit. Illegal retaliation also includes termination as the result of making a sexual harassment complaint.
Retaliation for making a complaint about sexual harassment is prohibited by law. If this occurs, you may have a separate claim of illegal retaliation in addition to any claim of sexual harassment.
If you believe you have suffered illegal retaliation, you should consult with an attorney and inquire with the agencies listed above as to the specific time limits and procedures that apply.
It is important to determine the correct forum and to file a claim well in advance of any filing deadlines. A Title VII federal claim may only be brought in court after a “Charge” is filed with the EEOC. Under the New York State and New York City Human Rights Laws, one must decide to either file with either agency or file directly in State Supreme Court.
If you need assistance with considering and/or filing a sexual harassment complaint against your current or former employer, please contact us at (212) 766-9100 or (845) 201-0200, or email us as info@womensrightsny.com to schedule a no-charge consultation. Once we learn about what has occurred, we can provide you with options about how we can help.
Our mission is to assist you to hold your current or former employer accountable for sex-based discriminatory treatment to ensure it doesn’t happen again, and to help you obtain compensation for the harms and the losses that you have sustained through illegal conduct.
[1]Intersectional discrimination happens when different axes of identity (e.g., race, gender, sexual orientation, disability, etc.) intersect in such a way that creates a unique form of workplace disadvantage or marginalization.
[2] It’s denominated as “sex” discrimination under New York State Law and “gender” under New York City Law.
[3] It is critically important to document all sexual harassment complaints in writing to your company’s Human Resource Department or to any person in upper management in your company as you will need a “paper trail.”
]]>New York City has signed legislation prohibiting employers from discriminating against a person based on their height or weight. The law will come into effect on November 22, 2023.
In May 2023, New York City Mayor, Eric Adams, signed the bill into law, which bans discrimination because of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.
Mayor Adams said:
“We all deserve the same access to employment, housing, and public accommodation, regardless of our appearance, and it shouldn’t matter how tall you are, or how much you weigh. When you’re looking for a job and you’re out on our town, or you’re trying to get some form of accommodation or apartment to rent, you should not be treated differently, and this [law] prohibits discrimination on the basis of a person’s height or weight or any other physical appearance. It helps to level the playing field for all New Yorkers. It creates more inclusive workplaces and living environments and it protects against discrimination.”
Public comments described the new law as changing workers’ lives for the better and as signaling to leaders all over the world, the importance of creating equal opportunities and accessible communities for people of all sizes.
There are some limited exemptions in cases where an individual’s height or weight would prevent them from performing essential requirements of the job. The new law will create an exemption for employers needing to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations, or where the New York City Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available, or this criterion is reasonably necessary for the normal operation of business.
Historically, people who are visibly overweight or have non-conventional heights have faced systemic and deeply ingrained prejudice. These individuals have often been unjustly limited in their professional opportunities due to overt bias, subtle microaggressions, and being judged by their physical appearance rather than their abilities. Weight and height discrimination is more than just a workplace issue — it’s a societal injustice that perpetuates harmful stereotypes and a narrow and exclusionary definition of ‘professionalism.’
Few states explicitly prohibit height and weight discrimination in employment. Michigan’s Elliot-Larsen Civil Rights Act specifically outlaws such, and the Washington Supreme Court has recognized obesity as a protected class under the state’s Law Against Discrimination. Some cities have also enacted similar laws including Binghamton, New York; San Francisco, California; Santa Cruz, California; Madison, Wisconsin; and Urbana, Illinois. In some of these cities, laws prohibiting discrimination based on physical characteristics include both height and weight discrimination.
The new law banning weight and height discrimination in NYC, is a monumental step forward in recognizing the rights and worth of all individuals, irrespective of their size. As we move towards a more inclusive society, it’s essential that we dismantle these outdated prejudices and create environments where talent and capability take precedence over appearance.
We understand that facing discrimination at work can be a difficult and stressful experience. If you are facing discrimination based upon your weight, it will be important to speak with a NYC weight discrimination lawyer. We are here to help you through this process and to fight for your rights. Please contact us today at 1-212-766-9100 or info@womensrightsny.com.
Tuckner, Sipser, Weinstock & Sipser, LLP is located at 535 5th Avenue, 4th floor, New York, NY 10017. We offer initial phone and Zoom consultations to determine how we may assist you. No one should face discrimination at work. Step up and fight for your right to be equal.
]]>Here are some photos taken by our blogger/photographer Saswat Pattanayak for Women’s Rights NY Blog.
In view of public safety measures that have inflicted harm to transgender, womxn, black, indigenous and peoples of color that have engaged in NYC Pride events, NYC Pride has “publicly banned corrections and law enforcement exhibitors from marching in their uniforms and participating in recruitment activities at NYC Pride events until at least 2025.” According to the organizers, this action was a step in the path of transformative justice affirming their commitment to eliminating violence, harm and abuse at NYC Pride events.
]]>By Saswat Pattanayak
Houghton University has fired two employees (Raegan Zelaya and Shua Wilmot) because they included their pronouns in emails.
This should not come as surprising and yet it does, enough to merit a New York Times headline. For the longest time, one unresolved and deeply unsettling crisis relating to LGBTQ peoples is the alacrity with which Trans community has been rendered disposable. The university above has drawn special flak possibly because of its overt religious overtones – it is pronouncedly a Christian college. But it would be erroneous to suggest the controversy over pronouns has scant presence elsewhere. Indeed, quite the contrary.
Objections to pronouns align with the larger goal for nurturing of an environment which aims to exclude trans people, and one that certainly objects to any trans-visibility, let alone celebration. At the same time, the contrary – a culture of pronouns – does not by itself mean a safe space for Trans people. It is complicated by a flawed assumption that pronouns lend themselves to fostering a tolerant climate. The reality lies somewhere between the extremes.
What, then are the extreme positions?
On the face of it, rightwing TV journalists have focused so much on CRT and pronouns and on the “who is a woman” debate that it automatically follows that the mere presence or even acceptance of a gender-fluid identity, critical race discussions, and diverse pronouns usage becomes symbolic of a radical departure from the traditions. This extreme position leads to celebration of any and every affirming symbolisms as above. Come June and New York City will be celebrating Pride Month with extraordinary enthusiasm by citing how it embraces pronouns.
On the other extreme of the debate, the vociferous demands to obliterate trans players from competitive sports. This is one area where even many liberal feminists, celebrities and sports superstars agree – their casual reference is towards an occasional winner who turns out to be a Trans person, but that reference is almost always laced with an obvious transphobia which to make matters worse, they refuse to even acknowledge.
Transphobia is an absolutely unique political phenomenon, one that unites rabid reactionaries with progressive feminists. Like Islamophobia or xenophobia, here too, the ones who harbor it refuse to take cognizance of their complicity in spreading the same. For instance what would possibly be common between Tucker Carlson and Martina Navratilova – both espousing otherwise radically opposite political views?
Navratilova says “I am happy to address a transgender woman in whatever form she prefers, but I would not be happy to compete against her.” It is a considered point but as a gay rights campaigner who has herself faced numerous obstacles along her journey to greatness, Martina also knows well that struggles involving socio-personal identities in face of a hostile status quo usually involve a vulnerability that is not measured or quantifiable. A Trans person does not ask for only their pronouns to be respected. They ask for their entire existence as a being – social, cultural, sexual – to be recognized. Most Trans people are not competing in the Olympics. Indeed, most of them are not even athletes. But those who are athletes wish to be treated as fully as those among them who are artists or scientists. Not long ago (or even now), powerful entities within major universities used to consider women as unfit to become scientists, after all. The need for full recognition is intrinsic to personal aspirations and recognition of Trans persons cannot simply be reduced to acceptance of their pronouns.
Indeed, many liberals (famously JK Rowling) are absolutely comfortable with pronouns in a virtual space, but absolutely uncomfortable with full manifestations of personhoods of Trans people in real life. “If someone has been biologically male for many years….” they don’t automatically earn rights in certain domains, goes the argument. But who is to decide what those domains are going to be? And while the debate is ongoing, why even pretend that we have created a safe space for Trans people merely because we have accepted the climate of pronouns? This is a question for the liberal thinkers to think about.
For the conservatives of course, the dilemma is nonexistent. Their views have been largely regressive not just towards the Trans people, or towards the LGBTQIA, but even towards women at large (thanks to timely reminders from the reproductive justice movements). Resolving or even addressing Transphobia at this juncture is mostly a liberal concern given that they seem to equate its absence with their embracing of pronouns culture. That is a dangerous misgiving, and a clear position on part of liberals is far more consequential for Trans people’s struggle for visibility. They have no illusions regarding those who oppose pronouns; it is those who consider pronouns as be-all and end-all, that they continue to remain wary of.
Notes –
Major Sports Stars Speak Out Against Transgender Olympic Athlete Laurel Hubbard