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EEOC: Bias Against Transgender Employee=Sex Discrimination

  • Broadcast in Business



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According to an April 20th opinion by the EEOC, an employer who discriminates against an applicant or employee on the basis of gender identity is violating the sex discrimination prohibition of Title VII of the Civil Rights Act.

On Monday, April 23, the EEOC announced its unanimous ruling in the case of Mia Macy, a transgender woman who was allegedly denied a job as a ballistics technician at the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives' Walnut Creek, California laboratory. In the ruling, the Commission stated:

"[W]e conclude that intentional discrimination against a transgender individual because the person is transgender is, by definition, discrimination 'based on... sex,' and such discrimination therefore violates Title VII."

In this installment, we talk about the EEOC's historic decision, what it could mean for the future of transgender discrimination cases, pending legislation relating to LGBT discrimination, and what employers should do now to ensure their workplaces are free from LGBT discrimination.