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ARTICLE · 09 MAY 2012

EEOC Finds That Title VII Protects Transgendered Persons

Duane Morris LLP
Duane Morris LLP
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I had previously posted about an Eleventh Circuit case recognizing that discrimination against transgendered persons is prohibited sex discrimination under Title VII.

United StatesEmployment and HR
Kevin Vance, P.A.
Kevin Vance, P.A.
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I had previously posted about an Eleventh Circuit case recognizing that discrimination against transgendered persons is prohibited sex discrimination under Title VII. The EEOC, in a decision issued last month, has adopted that reasoning. The EEOC stated: "...[W]e conclude that intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination 'based on...sex,' and such discrimination therefore violates Title VII." The linchpin of this decision is the notion that discrimination against transgendered people is differential treatment based on the transgendered person's failure to conform to gender stereotypes, and thus is discrimination based on sex.

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