Legal Rights in the Workplace

This page contains questions and answers surrounding legal rights that Manitoba-based gender diverse people have in the workplace. It does not contain reporting processes if your rights are violated. While each of these answers has been researched to the best of our ability, this is not legal advice. If you are experiencing any of these situations at work, it is best practice to consult an HR manager, your union representative, and/or an employment lawyer.

This guide was written by Trans Manitoba in July 2026. A full list of sources is available at the end of this document.

This resource is available in PDF format.

Definitions

For the purposes of this document, these are the definitions of terms used:

Employer: The company or organization you work for. This encompasses managers, human resources (HR) professionals, hiring managers, and any other representatives of the company/organization.

Coworker: A person you work with that does not have authority over you. While they may have seniority, you do not take direct professional orders from them.

Customer and/or client: A person or other company that you provide goods and/or services to as part of your job.

Manager and/or boss: Your direct leader that you report to at work. This would be your first point of contact for administrative questions and escalations of customer complaints.

Administrative and Human Resources Systems

What are bona fide occupational requirements (BFR) and how could they apply to me?

“A bona fide occupational requirement is a requirement that every individual performing a specific job must meet because the requirement is essential to the effective and safe performance of the job” (Gov’t of Canada). Someone’s gender identity or expression is almost never a BFR. To claim it would require proving that accommodating a 2STNBGD person would cause undue hardship. The Government of Canada recommends this three-step process to identify BFRs:

1. The rule or standard adopted must be connected to the functions of the position.
2. The rule or standard is adopted in good faith on the grounds that it is necessary.
3. The rule or standard is reasonably necessary to accomplish the purpose or goal, in the sense that the employer cannot accommodate individuals who possess the characteristics of a particular group without incurring undue hardship (Gov’t of Canada).

Specific jobs or position may be gender-specific, such as an on-site attendant at a women’s shelter, but the organization must be able to prove this requirement via the three-step process identified above.

Can I be fired or excluded from work opportunities for being trans/gender diverse?

No, you cannot. Both “gender expression” and “gender identity” are protected classes under the Manitoba Human Rights Code (Manitoba Human Rights Commission). Pride at Work’s Know Your Rights guide states “anywhere in Canada, it is illegal for your employer to treat you negatively and in ways that are different from other staff members because of your gender expression, gender identity, and/or sexual orientation” (Jourdain). If you believe you have been mistreated, excluded, or fired from your workplace because of your gender identity, you have the right to report it to your workplace’s HR department, union, or higher ups, or to report to the Manitoba and Canadian Human Rights Commissions. It is important to keep accurate documentation of any discrimination you experience, including the dates and times of the incidents and potential witnesses.

Can an employer ask if I’m trans or how I identify?

No. Employers cannot force you to provide information about your trans identity at any stage of interviewing, onboarding, or employment. “Just like any other worker’s personal medical situation, nobody in the workplace is entitled to any information about […] details about transition unless voluntarily provided by the worker themselves” (Canadian Labour Congress 12). Gender identity and gender expression are protected grounds in the Human Rights Code of Manitoba, and cannot be used to make decisions during hiring. Employers may ask you to self-identify for employment equity purposes, but this must be voluntary and confidential (Canadian Human Rights Commission). You are never obligated to tell an employer you are transgender.

Do I have to give my employer my legal name?

Yes, if it is legally necessary. You do not have to give your employer your legal name for use on your nametag, company email, or other public-facing information, but you must provide your legal name for legal documents, such as your SIN and tax information, your direct deposit information, for usage in criminal record checks, and similar documentation. You must also be able to prove your ability to work in Canada, which often requires an ID check. Keep in mind that “Employers [must] uphold privacy, confidentiality and dignity of the worker” (Canadian Labour Congress 9), meaning that your employer must treat your personal information with proper confidentiality. Your employer should not share your legal name or sex with other employees, unless necessary for job performance (i.e., sharing your legal name with the payroll manager).The Privacy Act of Manitoba allows an individual to make a civil claim if they believe their privacy to have been violated, and you always have the option to file a claim with the Human Rights Commission if you feel your personal information was shared in a way that constitutes harassment or discrimination:

“The Privacy Act (Manitoba) creates a [civil liability] where a person ‘substantially, unreasonably and without claim of right’ violates the privacy of another person, which may allow an individual to bring a civil claim if they believe their privacy has been violated. In addition, an employee may have the option to file a Human Rights complaint if they feel that discrimination or harassment has occurred. In unionized work environments, grievances may be filed if an employer does not properly protect the personal health information of employees” (Smith).

Some employers may require you to display your legal name on a visible ID badge for security clearance purposes, such as in correctional facilities or healthcare settings. You should talk to your manager to learn about the exact legal requirements of your workplace, and how they can support you through them.

Can my boss require me to use my deadname on my nametag?

If your deadname is not legally required information (such as in payroll or tax documents), there is no reason your employer should insist on using it. You should be allowed to use your chosen name on your nametag, and failure to accommodate this request can be considered discrimination on the grounds of gender identity and gender expression according to the Human Rights Code of Manitoba. “Employers [must] uphold privacy, confidentiality and dignity of the worker; need to cooperate and if required, change records […] to reflect trans workers’ gender identity” (Canadian Labour Congress 9). Your employers have the legal responsibility to accommodate you to allow you to work successfully, including preventing undue stress caused by misgendering and deadnaming. Some employers may require you to display your legal name on a visible ID badge for security clearance purposes, such as in correctional facilities or healthcare settings. You should talk to your manager to learn about the exact legal requirements of your workplace, and how they can support you through them.

Should I put my legal name or chosen name on my resume? Should I put my pronouns?

You can choose to put any name you like on your resume. Your resume is not a legal document, and employers don’t need your legal name in order to go through the interview process with you. If there is a point in the interviewing process where an employer requires your legal name, such as a criminal record check, it will be noted when and where you must use your legal name (Canadian Vocational Training Centre). Similarly, providing your pronouns on your resume is entirely up to you and your level of comfortability with potential employers seeing that personal information.

Do I have to report discrimination/harassment to my higher ups before I report to the Manitoba Human Rights Commission? Do I have to tell them I’m reporting to the CHRC?

You do not have to have filed a complaint with your employer before filing a report to the MHRC or CHRC, and you do not have to tell your employer that you are filing a Human Rights Complaint against them or another member of your workplace: “Even if you haven’t spoken out about the harassment of discrimination you have dealt with in the workplace, you can still make a human rights complaint” (Jourdain). The MHRC/CHRC may ask for documentation of previous complaints or reports made about the discrimination, and this information may impact the acceptance of your complaint; It is important to keep accurate documentation of any discrimination you experience, including the dates and times of the incidents, potential witnesses, and reports to your manager or HR. If the Manitoba or Canadian Human Rights Commission accepts your complaint, they will reach out to the respondent (the person/organization you reported) on your behalf. Please consult the MHRC and CHRC websites for further information on the reporting process.

Workplace Culture and Social Dynamics

Your employer has a legal responsibility to protect you from harassment at work: “It is […] illegal for your employer […] to fail to protect you against harassment at work” (Jourdain 6). This means that your employer “will take corrective action respecting any person under the employer’s direction who subjects a worker to harassment” (Workers Compensation Board). If your direct manager is not willing or unable to take corrective action, you have a right to pursue other means of reporting, such as talking to an HR or union representative.

Yes. Both gender identity and gender expression are protected under the Human Rights Code of Manitoba. The Canadian Human Rights Commission has ruled that continuous misgendering and deadnaming of an employee is a discriminatory practice, creating precedent that employers who intentionally misgender and deadname employees can be fined and ordered to implement an affirmative action plan (Lercher). Both the Human Rights Code of Manitoba and the Canadian Human Rights Commission have clear guidelines stating that employers misgendering and deadnaming employees is inappropriate and constitutes discrimination, even if the employee’s chosen name is not their legal name. These guidelines also apply to other employees, meaning that your coworkers must also respect your chosen name and pronouns.

How do I know if an employer is safe for me?

This is a complex question. Ultimately, there is no 100% accurate way to ensure your employer and all of your coworkers will be respectful allies who are safe. However, there are a few key clues to point you in the right direction. Ask yourself these questions about potential employers:

1. Has this company ever publicly shown support for transgender individuals? Has this company ever publicly denounced or ridiculed transgender individuals?
2. Did the manager who interviewed you introduce themselves with their pronouns? Have the people you corresponded with over email included pronouns in their email signature?
3. Try to search online for the company’s sponsors, and who they are sponsoring. Do they accept money from or provide money towards transphobic organizations and initiatives? Do they donate to transgender causes?
4. Is there anyone at the company currently who is transgender or gender non-conforming? Would you be the first transgender person they’ve hired? Have other transgender people detailed their experience working for this company online, through platforms like Glassdoor, Indeed, Reddit, or LinkedIn?
5. Does the company’s benefits package include gender-affirming care, and/or paid medical leave for gender-affirming procedures? Is the policy worded to segregate benefits by sex?

Some of this information may not be available to you before you begin working. Some companies may not be outwardly transphobic, but could be stuck in the status quo of cisheteronormative policies and workplace culture, which still ultimately causes harm. This list will not provide you a 100% foolproof way of determining if a company is safe, but it will provide you with a starting point of what to look for.

Physical Workspaces and Dress Codes

Do I have to wear the uniform associated with my AGAB (Assigned Gender at Birth)?

No. As long as you are otherwise compliant with the uniform or dress code policy, your employer cannot dictate which gendered uniform you wear: “Uniforms and uniform policies should be flexible enough to accommodate a worker’s choice, where ‘gendered’ uniforms exist” (Canadian Labour Congress 13). Forcing you against your will to wear gendered clothing that does not match your gender identity can be considered discrimination against the protected class of “gender expression” under the Manitoba Human Rights Code.

Can I be denied bathroom access by my employer?

No. Employers in Manitoba have the Duty to Accommodate (DTA). The Manitoba Human Rights Commission states that “failing to provide reasonable accommodation is a form of discrimination” and that “The [Human Rights] Code prohibits an employer from discriminating against a person based on various characteristics listed in The Code, including  […] gender identity” (MBHRC 3). While the DTA can be overwritten if the accommodation would cause undue hardship on the business, providing a gender neutral washroom or allowing a transgender employee to use the washroom matching their identity almost never falls under undue hardship. An employer must “‘level the playing field’ for an employee so they can equally access opportunities available to others in the workplace” (MBHRC 3). This is also the case for showering facilities and changerooms.

Unless it is otherwise against the dress code or company policy, an employer cannot mandate that you remove specifically pronoun pins or your pronouns from your nametag. However, the usage of pins or nametag embellishments may be against your employer’s dress code. It is worthwhile to ask your manager or HR representative if this is the case. If your employer is specifically targeting and forbidding things including your pronouns, but allowing other pins and nametag embellishments to be worn, this may fall under harassment and discrimination under the Manitoba Human Rights Code.

Benefits and Healthcare

Can I be forced on medical leave for transitioning?

No. Protected leave, such as medical leave, must be initiated by the employee (Webster). Your employer can only mandate medical leave if you are unable to complete your job duties as assigned, or they are concerned for your safety. (Sultan Lawyers). This is a complicated situation and you should talk to your HR department, union representative, and/or an employment lawyer if this is happening to you.

Can I be denied medical leave for gender-affirming surgery?

Gender-affirming surgery (ex. bilateral mastectomy, vaginoplasty, hysterectomy, breast augmentation, or other procedures also considered medically necessary) falls under “Long-term Leave for Serious Injury or Illness” according to Manitoba’s employment standards. As long as you provide a doctor’s note and have worked at your current workplace for 90 days or more, you are legally protected from dismissal from work or denial of your leave. This means your employer must let you take leave, and your current position or one with similar pay and benefits must be available to you when you return. You are entitled to up to 27 weeks of unpaid leave. In this time, you may apply for EI or choose to utilize paid sick days/PTO provided by your employer, as policy allows. Please speak with your employer and/or a government official for details about how EI and PTO apply to you.  If you have worked at your current workplace for less than 90 days, this does not apply to you, and you may be denied medical leave or dismissed for your absence (Gov’t of Manitoba).

References

Canadian Human Rights Commission. “Collecting your Workforce Employment Equity Information”. August 6 2026. https://www.chrc-ccdp.gc.ca/organizations/employment-equity-act-responsibilities/employment-equity-plan/collecting-your-workforce-employment-equity-information#important. Accessed August 6 2026.

Canadian Labour Congress. “Workers in Transition: A Practical Guide for Union Representatives and Trans Union Members”. 2019. https://canadianlabour.ca/workers-in-transition-guide/. Accessed August 6 2026.

Canadian Vocational Training Centre. “Which Name Should You Put on Your Resume?” August 27 2025. https://vocationaltrainingcentre.com/articles/which-name-should-you-put-on-your-resume/. Accessed August 6 2025.

Government of Canada. “Duty to Accommodate: A General Process for Managers”. January 13 2023. https://www.canada.ca/en/government/publicservice/wellness-inclusion-diversity-public-service/diversity-inclusion-public-service/working-government-canada-duty-accommodate-right-non-discrimination/duty-accommodate-general-process-managers/implement-decision.html#toc2.

/wellness-inclusion-diversity-public-service/diversity-inclusion-public-service/work

Government of Manitoba. “A Summary of Leave of Absence Options Factsheet”. February 3 2025. https://www.gov.mb.ca/labour/standards/doc,unpaid-leave,factsheet.html#q43. Accessed August 6 2026.

Jourdain, Meike. “Know Your Rights: A Guide for LGBTQ2+ Employees”, Pride at Work Canada, 2021. www.prideatwork.ca/Know-Your-Rights/. Accessed July 23 2026.

Lercher, Bret and Alexsondra Moar. “Gender Expression to be a Protected Human Right Under Proposed Amendments to the Manitoba Human Rights Code”. MLT Aikins, July 28 2025. https://www.mltaikins.com/insights/gender-expression-to-be-a-protected-human-right-under-proposed-amendments-to-the-manitoba-human-rights-code/. Accessed August 6 2026.

Smith, Megan. “Covid-19 Employee Privacy Issues”. Thompson Dorfman Sweatman, November 13 2020. https://www.tdslaw.com/resource/covid-19-employee-privacy-issues/

Sultan Lawyers. “Can your Employer Force you to Take a Leave of Absence?” December 23 2024. https://sultanlawyers.com/blog/can-your-employer-force-you-to-take-a-leave-of-absence/. Accessed August 6 2026.

The Manitoba Human Rights Commission. “Reasonable Accommodation in the Workplace”, Government of Manitoba, n.d. www.manitobahumanrights.ca/education/pdf/guidelines/guideline_reasonableaccommodation.pdf. Accessed July 15 2026.

Webster, James. Phone call to Manitoba Employment Standards Office, July 15 2026 

Workers Compensation Board of Manitoba. “Harassment and Violence”. n.d. https://www.wcb.mb.ca/topics/harassment-and-violence/. Accessed August 6 2026.