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ARTICLE · 16 OCTOBER 2017

Feds Say Title VII Doesn't Cover Transgender Workers

Attorney General Jeff Sessions formally reversed the federal government's position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys...

United StatesEmployment and HR

Attorney General Jeff Sessions formally reversed the federal government's position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal agencies that the Department of Justice (DOJ) no longer believes that the antidiscrimination statute provides such coverage. The October 4 memo indicates that, according to the DOJ, "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status."

Background: DOJ And EEOC Had Both Concluded Transgender Status Covered By Title VII

On December 15, 2014, then-Attorney General Eric Holder issued a groundbreaking memorandum announcing that the DOJ would consider adverse employment actions against transgender individuals to be in violation of federal civil rights laws. Acknowledging that the federal government's position

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