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EEOC Recognizes Title VII Cause of Action for Transgender Individuals

By E. Fredrick Preis, Jr., Rachael Jeanfreau, and Joseph R. Hu
August 31, 2012

In a recent unanimous decision, the Equal Employment Opportunity Commission (EEOC) took the dramatic step of extending the protections of Title VII of the Civil Rights Act of 1964 to transgender individuals on the basis of their “transgender” status. In doing so, the EEOC adopted the position that Title VII's prohibition of discrimination based on “sex” also prohibits discrimination based on “gender identity,” effectively adding another protected class under federal discrimination laws.

The Case

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