EEOC Ruling: Trans Discrimination Violates Title VII
Filed By Dr. Jillian T. Weiss | April 24, 2012 12:30 PM
http://www.bilerico.com/2012/04/eeoc_ruling_trans_discrimination_violates_title_vi.php (http://www.bilerico.com/2012/04/eeoc_ruling_trans_discrimination_violates_title_vi.php)
Starting in 1975, federal sex discrimination complaints by transgender employees were routinely dismissed by the courts on the bigstock-Discrimination-Underlined-With-31333808.jpgbasis that their discrimination was based on "sex change," rather than "sex." Since 2001, however, federal courts have increasingly recognized that discrimination against employees based on transgender identity can, in certain circumstances, violate Title VII, the federal statute that prohibits workplace discrimination based on sex.
However, until now, the United States Equal Employment Commission, the federal agency that oversees all federal discrimination complaints, has not specifically made a ruling that transgender discrimination is per se sex discrimination.
In Mia Macy v. Holder, released yesterday, the EEOC Commissioners voted 5-0 that discrimination against a person based on their transgender identity is sex discrimination. The California-based Transgender Law Center represented Ms. Macy. Kudos to TLC and Ms. Macy.