Transgender Workers are Protected by Title VII, EEOC Says

Akerman LLP - HR Defense
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The EEOC has ruled that claims of discrimination based on transgender status, also known as “gender identity,” are cognizable under Title VII.

In a decision issued on April 20, 2012, the agency found that the claims of Mia Macy ("Macy"), a transgender woman who had applied for a position with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATFE”), were cognizable under Title VII. Macy alleged that she had discussed an open position with the Director of an ATFE crime laboratory, while presenting as a man. According to Macy, she was told during the conversation that she would have the position, as long as no issues arose during a background check, and that an ATFE investigator was assigned to complete the background check. However, within five (5) days of informing the ATFE that she was transitioning from a male to female, Macy claimed that she was informed that the position was no longer available due to federal budget reductions. Macy asserted that this explanation was a pretext and that the real reason she was denied the position was her transgender status.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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