Post-Macy Best Employment Practices for a Transgender Workforceby Ford & Harrison LLP on 8/31/2012 | Author, Aisha Sanchez,
asanchez@fordharrison.comhttp://www.jdsupra.com/legalnews/fall-management-update-august-31-201-13876/The transgender community has seen a recent surge in legal, policy, and rule-making developments affording it greater protections from employment discrimination. For example, although federal anti-discrimination laws do not explicitly prohibit discrimination on the basis of gender identity, 16 states1, the District of Columbia, and over 140 local governments now have laws expressly prohibiting discrimination on the basis of gender identity or expression. In addition, the Eleventh Circuit recently ruled that while transgender individuals do not make up their own protected class, such individuals might still enjoy protection from discrimination under the recognized protected classes of sex and gender if an employer takes adverse action against them because their appearances and/or behaviors do not fit gender stereotypes.
See Glenn v. Brumby, (11th Cir. 2011). Finally, the Equal Employment Opportunity Commission (EEOC) ruled earlier this year, in Macy v. Holder, that Title VII protects transgender individuals from discrimination2. Although Macy does not bind federal courts, it will likely influence how courts view and decide transgender cases. Moreover, the EEOC will now accept and investigate Title VII claims alleging discrimination based on transgender status against private-sector employers.
