For a number of years the Departments of Justice and Education have said that gender identity was covered the sex discrimination prohibition in Title IX of the Civil Rights Act of 1964. The EEOC also ruled that we are covered under Title VII in the workplace in the Macy v. Hold case and just recently they filed amicus brief urging the U.S. Court of Appeals for the Seventh Circuit to reconsider its decision in Muhammad v. Caterpillar. So it comes as no surprise that,
US Attorney General declares transgender people are protected in sex discrimination categoryAttorney General Holder is just extending to the DOJ what the EEOC and the Department of Education have said before, that gender identity discrimination is a form of sex discrimination.
AG Eric Holder has announced that federal prosecutors will take the position going forward that sex discrimination provisions in Title VII of the Civil Rights Act of 1964 include protections against discrimination based on gender identity
By Andrew Potts
19 December 2014
US Attorney General Holder announced yesterday that the Department of Justice will take the position that Title VII of the Civil Rights Act of 1964 covering sex discrimination extends to claims of discrimination based on an individual’s gender identity, including transgender status when prosecuting government job discrimination cases.
Attorney General Holder issued a memo that his department will no longer assert that Title VII’s prohibition against discrimination based on sex excludes discrimination based on gender identity, reversing the Department of Justice’s previous position.