The Equal Employment Opportunity Commission (EEOC) recently held that discrimination against transgender employees and job applicants is prohibited under Title VII of the Civil Rights Act.
The decision involved a complaint filed by a transgendered woman who alleged that she was denied employment at the Bureau of Alcohol, Tobacco, Firearms and Explosives after she told an individual responsible for hiring that she was in the process of transitioning gender from male to female. Her complaint made it clear that she thought advising of her transgender status was the reason she was not offered employment.
After analyzing the claim, the EEOC held that intentional discrimination against a transgender individual is discrimination based on sex and therefore violates Title VII of the Civil Rights Act.
Employers should be aware of this significant decision. Employees responsible for hiring should be advised on how to respond when an interviewee informs the employee of transgender status. Employers may also wish to review their discrimination policies and procedures to make sure they specifically prohibit discrimination against transgender individuals.