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ARTICLE · 31 OCTOBER 2018

DOJ v. EEOC On LGBT: Game On?

Constangy, Brooks, Smith & Prophete, LLP
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Nah. They'll just agree to disagree. Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender discrimination case.

United StatesEmployment and HR

Nah. They'll just agree to disagree.

Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender discrimination case.

As you recall, the Equal Employment Opportunity Commission sued the funeral home under Title VII for discriminating against transgender employee Aimee Stephens, and won at the U.S. Court of Appeals for the Sixth Circuit. However, the Trump DOJ has taken the position that discrimination based on sexual orientation or gender identity does not violate Title VII.

In the DOJ's filing this week, it reiterated that it did not believe LGBT discrimination was covered by Title VII, which was enacted in 1964 and prohibits discrimination based on "sex."

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