The transgender community has seen a recent surge in legal,
policy, and rule-making developments affording it greater
protections from employment discrimination. For example, although
federal anti-discrimination laws do not explicitly prohibit
discrimination on the basis of gender identity, 16
states1, the District of Columbia, and over 140 local
governments now have laws expressly prohibiting discrimination on
the basis of gender identity or expression. In addition, the
Eleventh Circuit recently ruled that while transgender individuals
do not make up their own protected class, such individuals might
still enjoy protection from discrimination under the recognized
protected classes of sex and gender if an employer takes adverse
action against them because their appearances and/or behaviors do
not fit gender stereotypes. See Glenn v. Brumby, (11th Cir. 2011).
Finally, the Equal Employment Opportunity Commission (EEOC) ruled
earlier this year, in Macy v. Holder, that Title
