Q:
A representative of our company conducted an interview with a potential employee. During the interview, our representative revealed that we employed a "cross dresser" and informed the potential employee that they would be working directly with the transgender individual. What ethical and privacy responsibilities do we have in revealing or protecting this information? What potential liability do we open ourselves up to by revealing this information?
A: Both federal and state law prohibit discrimination on the basis of gender, and while federal law does not expressly include transgender individuals within the statutory protection, state laws in many jurisdictions clearly do.
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