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EEOC Recognizes Title VII Cause of Action for Transgender Individuals

BY E. Fredrick Preis, Jr., Rachael Jeanfreau,
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

In Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (April 23, 2012), a “transgender woman” ' a person who is born a male but identifies as a female ' named Macy applied for a position with the crime laboratory of the Bureau of Alcohol, Tobacco, Firearms and Explosives. At the time of his application, Macy was still presenting himself as a male. The director of the laboratory allegedly told Macy that he would receive the position if the results of his criminal background investigation were satisfactory. However, after the Bureau learned that Macy was transitioning from male to female, they informed him that the position had been cut due to a federal budget reduction. When Macy discovered that the director had hired someone else for the position, he filed a complaint with the Bureau, alleging that he was discriminated against on the basis of his sex and his gender identity.

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