EEOC Extends Title VII to Protect Transgender Persons

The Equal Employment Opportunity Commission (EEOC) ruled that Title VII, the federal sex discrimination law, also protects transgender persons. In a released statement regarding the landmark ruling, the EEOC stated “that intentional discrimination against a transgender individual because person is transgender is, by definition, discrimination ‘based on sex’ and such discrimination violates Title VII.”

Mia Macy, a transgender woman, filed complaint claiming she was discriminated against by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) while applying for a job as a ballistics technician at a Walnut Creek, California laboratory. According to the Miami Herald, Macy originally applied for the position as a male and was told she “virtually was guaranteed the job.” Macy disclosed the gender transformation during the hiring process and was told the funding for her position was cut and she would not be employed.

“As a veteran and a police officer, I’ve worked my whole career to uphold the values of fairness and equality,” Macy said. “Although the discrimination I experienced was painful both personally and financially, and led to the loss of my family’s home to foreclosure, I’m proud to be part of this groundbreaking decision confirming that our nation’s employment discrimination laws protect all Americans, including transgender people.”

Macy was right to take a stand and file a complaint. Transgender persons deserve the same rights awarded to all other citizens.

Kesluk, Silverstein & Jacob—California employment attorneys