Legal Ethics

Anti-Trans Discrimination Violates Legal Ethics Rules

That's now the standard in 48 states.

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Transgender flag waving in blue cloudy sky, 3D renderingGood news!

An attorney, Sheryl Ring, sought a declaration that Illinois’ legal ethics rules bar discrimination based on gender identity. And guess what? She was successful!

The ABA Journal breaks down the reasoning behind the stipulation:

The stipulation’s wording indicates that discrimination against transgender people that violates Bostock v. Clayton County also violates the Illinois ethics rule, Ring explained on Twitter. Bostock was a June 2020 U.S. Supreme Court decision that held the ban on sex discrimination in Title VII of the Civil Rights Act protects gay and transgender workers.

Because the stipulation is dependent on Bostock and an Illinois transgender rights decision remaining in effect, Ring will campaign for a change in the Illinois ethics rules to codify the ban on transgender discrimination.

Ring notes that she’s experienced discrimination on the basis of gender identity during the course of her career. The declaration now gives attorneys that experience similar issues recourse:

“I’ve lost a job for being trans. I’ve had an arbitration panel rule I wasn’t mentally competent to represent my client because I’m trans. I’ve had a judge order me to submit to a genital inspection during a mediation,” she said.

“I am absolutely overjoyed at this result, because for the first time trans litigants and attorneys in Illinois can walk into court knowing that misgendering, deadnaming and genital inspections are prohibited and they have recourse for violations,” Ring said.

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So, congrats to Illinois for joining the 48 other states that ban gender discrimination by lawyers. By Ring’s estimation, only Alabama and Mississippi don’t have these rules. But there’s still more work to be done. Ring told the ABA Journal she wants to stop lawyers “from being outed” by Illinois ethics officials “as the agency continues to post trans attorneys’ deadnames without their consent on its website and to provide a more difficult path for trans attorneys to change their names than for cis married attorneys.”

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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