Transgender Discrimination Impacts Non-Transgender Women

Gerika Mudra went to Buffalo Wild Wings in Owatonna, Minnesota, with a friend for dinner. Everything was normal until she went to the women’s restroom. When she went inside, a male server followed her inside. He then allegedly banged on the stall door and stated, “This is a women’s restroom. The man needs to get out of here.”

When Mudra came out of the stall, she told the server, “I am a lady.” The server responded, “You have to get out now.” Instead, Mudra unzipped her hoodie and showed the server her breasts. The server didn’t say anything further and left the restroom. Mudra claims that since the incident, she doesn’t feel comfortable using public restrooms.

Mudra was 18 at the time of the incident. She is biracial and identifies as a lesbian, but is not transgender. Mudra has filed a complaint against Buffalo Wild Wings for discrimination.

Minnesota prohibits discrimination based on sexual orientation and gender identity in public accommodations. Twenty other states, plus Washington, DC, have made sexual orientation and gender identity discrimination illegal. Nineteen states have laws that prohibit trans people from using bathrooms that align with their gender identities in K-12 schools as well as other government-owned buildings.

Trans people have reported harassment in public restrooms. Reports of women who aren’t transgender have been harassed in public restrooms in DC, Arizona, Florida, and Massachusetts.

What Does It Mean to Be Transgender?

A transgender person has a gender identity different from that typically associated with the sex they were assigned at birth. A person’s sex is assigned to a person at birth based on their genitals. A person’s gender identity is a person’s inherent sense of their own sex, whether it be male or female. Sexual orientation is a person’s romantic or sexual attraction to others.

In psychology, transgender persons are often medically diagnosed with gender dysphoria. Gender dysphoria refers to a mental or emotionally distressed state caused by a mismatch between an individual’s gender and their sex assigned at birth. People with gender dysphoria may have a strong desire to live as or be the opposite sex.

A person who looks like the opposite sex or dresses like the opposite sex does not make them transgender.

Those Who Discriminate Against Transgender Persons to Protect Women Become the Predators They Seek to Prevent

Many discrimination laws depend on the intent of the defendant. For instance, in the employment context, an employee suing for racial discrimination after being terminated must prove that the employer fired him based on his race rather than a legitimate reason such as poor performance.

People who distrust transgender people do so for a variety of reasons. There are some who legitimately despise transgender people. There are some who feel insecure about their sexuality around them. There are others who want to “protect” women from those they view as predators. This last group do not believe they are acting maliciously but rather trying to save others.

A big problem with this “protection” is that people cannot actually tell who is transgender. Women, like men, can look very different from one another. Women should not have to change how they look to ensure their own safety.

Even if someone like Mudra was transgender though, it wouldn’t suddenly make her a threat to women. Women are not safe in a restroom if someone assaults them – it wouldn’t matter if the attacker is a man, woman, a man who identifies as a woman, or a woman who identifies as a man. What matters is the action. If someone demanded another person expose their genital to them, neither their gender identity nor their intentions would matter much to the victim.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.