As employment attorneys who represent workers across Chicago, we are often asked whether transgender individuals serving in the military can sue the government for wrongful termination. It’s a question with serious implications for civil rights and federal employment protections.
Over the past several years, the status of transgender service members has changed significantly based on shifting federal policies. That has left many current and former service members uncertain about their rights under the law. If you are a transgender military member who was discharged based on your gender identity, it is critical to understand your legal options under federal and Illinois law.
While active-duty military personnel fall under a different legal system than civilian employees, there are still paths to challenge discriminatory actions, especially when discharge decisions violate constitutional protections or federal statutes. Civilian transgender employees of the Department of Defense or other federal agencies may also have legal claims under employment discrimination laws. In both situations, it is possible to challenge wrongful or retaliatory discharge, but the process depends heavily on your status, the facts of your case, and the laws involved.
Federal civilian employees, including those working for the military in non-uniformed positions, are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The U.S. Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), made clear that discrimination based on gender identity is a form of sex discrimination prohibited under Title VII.
This means that if a transgender civilian employee is fired, demoted, or harassed because of their gender identity, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) and potentially bring a lawsuit for wrongful termination or retaliation.
For active-duty service members, the situation is more complicated. Members of the military are subject to the Uniform Code of Military Justice (UCMJ) and do not have the same employment rights as civilians. However, transgender service members may still bring legal claims under the
Federal courts have recognized that transgender individuals are a protected class under equal protection analysis. If a service member was discharged solely because of gender identity, they may be able to challenge the constitutionality of that discharge through a federal lawsuit. Several recent cases have been filed by advocacy groups on behalf of transgender service members raising these constitutional claims.
In Illinois, transgender individuals are explicitly protected under the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), which prohibits discrimination in employment based on gender identity. While this law does not apply directly to federal military employment, it does provide protections for civilian contractors, military support personnel, and federal workers in Illinois who may have been wrongfully terminated based on gender identity.
If you are a civilian federal employee working in Illinois and were terminated due to your gender identity, you may have claims under both federal law and Illinois state law.
In addition to discrimination claims, transgender employees—civilian or military—may also have a claim for retaliatory discharge if they were terminated after reporting discrimination or asserting their legal rights. Retaliation is prohibited under both Title VII and the Illinois Human Rights Act. If you reported unfair treatment or discrimination and were later discharged or disciplined, we can help you assess whether you have a viable claim.
It depends on the person’s military status and the circumstances. Active-duty members cannot sue under Title VII but may have constitutional claims under the Fifth Amendment if they were discharged based solely on their gender identity. Legal challenges to such policies have been successful in federal court. Civilian federal employees do have protections under Title VII and may sue for wrongful termination if the discharge was discriminatory.
Yes. Civilian federal employees, including those working for military branches, are protected under Title VII of the Civil Rights Act. Following the Bostock decision, this includes protection from discrimination based on sexual orientation and gender identity. If a civilian worker is terminated or harassed due to being transgender, they may file a claim with the EEOC.
No. Illinois law prohibits discrimination based on gender identity through the Illinois Human Rights Act. While federal employees must pursue claims under federal law, this state law strengthens the overall framework of protections in Illinois. Civilian workers based in Illinois have a strong foundation to challenge discriminatory conduct.
You should first document everything: emails, conversations, performance reviews, and any written discipline or termination notices. Then, speak with an attorney who can evaluate whether your case falls under federal or state law. If you are a civilian employee, you may need to file a complaint with the EEOC within 45 days if you are a federal worker or within 300 days under standard Title VII timelines.
Yes. Both federal and Illinois laws prohibit retaliation against employees who report discrimination. If you were terminated shortly after making a complaint or asserting your legal rights, that timing may support a retaliation claim. We often use patterns like this as evidence in wrongful discharge cases.
If you are a federal civilian employee, you must initiate contact with your EEO counselor within 45 days of the discriminatory act. For other civilian claims under Title VII or the Illinois Human Rights Act, you generally have up to 300 days from the date of the termination or discriminatory event to file a complaint with the EEOC or the Illinois Department of Human Rights.
At North Suburban Legal Services, we fight for the rights of workers across Chicago who have faced discrimination or wrongful termination. If you’re a transgender employee—civilian or military—who believes you were wrongfully fired based on your identity, we are ready to help you understand your legal options and take action to protect your rights.
Contact our Chicago wrongful termination attorneys at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We proudly serve clients throughout Chicago and the surrounding areas with compassionate, results-driven representation in wrongful termination, retaliation, and civil rights cases.