Justice Department: Employers Cannot Discriminate Against Transgender People

By Albert Lin


Attorney General Eric Holder issued a memo on Thursday instructing all Department of Justice component heads and U.S. Attorneys to support claims by transgender people in Title VII employee-discrimination cases.

This reverses the DOJ’s previous position, stated in 2006 litigation, that Title VII’s sex-discrimination clause excluded discrimination based on gender identity.

“This important shift will ensure that the protections of the Civil Rights Act of 1964 are extended to those who suffer discrimination based on gender identity, including transgender status,” Holder said.”This will help to foster fair and consistent treatment for all claimants.And it reaffirms the Justice Department’s commitment to protecting the civil rights of all Americans.”

The memo is the latest action by the Obama administration to increase protections or the LGBT community. In July, President Obama signed an executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.

However, Mara Keisling, Executive Director of the National Center for Transgender Equality, says this move was essentially a formalitythe Equal Employment Opportunity Commission has taken this position since 2012.

“It’s just another message to employers, whether they are public employers or private employers, that it is illegal in every state in this country to discriminate against transgender people in employment,” Keisling told The Associated Press.

In the memo, Holder writes: “The federal government’s approach to this issue has also evolved over time. After considering the text of Title VII, the relevant Supreme Court case law interpreting the statute, and the developing jurisprudence in this area, I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status.”

He concludes: “My hope is that this clarification of the Department’s position will foster consistent treatment of claimants throughout the government, in furtherance of this this Department’s commitment to fair and impartial justice for all Americans.”

The DOJ will now be able to bring legal claims on behalf of transgender workers who believe they have been discriminated against by employers because of their gender identity.

Leave a Comment

Your email address will not be published. Required fields are marked *

*

Latest News

money, native, villanueva, Decolonizing Wealth

‘Decolonizing Wealth:’ Edgar Villanueva Discusses How Money Can Heal Native American Communities

Edgar Villanueva is an expert on philanthropy and a member of the Lumbee Native American Tribe in North Carolina. After spending years in the institutional philanthropic sector, he wrote “Decolonizing Wealth: Indigenous Wisdom to Heal Divides and Restore Balance,” which looks into how money — which has often been used…

EY Helps Block2 Build a Blockchain-based Solution for Small and Medium Businesses to Manage Supply and Demand Across Trade Industries

Originally Published by EY Block2, an Australian start-up focused on peer-to-peer resource management, has selected EY to provide software and services to build their newly released 2Mota solution, a blockchain-based peer-to-peer marketplace to help Small to Medium Enterprises (SMEs) manage their supply chains more efficiently. EY’s OpsChain Tesseract with pre-configured,…

Miller

Stephen Miller, the Man Behind Trump’s Immigration Agenda, Promoted White Nationalism and Racism: Report

A report by the Southern Poverty Law Center (SPLC) analyzed more than 900 emails leaked from Stephen Miller that he sent to the far-right website Breitbart. The emails reveal that Miller, a White House senior adviser for President Donald Trump, used white supremacist propaganda and literature to shape Breitbart’s articles….

webcam

Trump Administration Plans to Livestream Building of Border Wall

Senior officials in the Trump administration want to put in webcams to livestream building parts of the border wall. The Washington Post reported that Jared Kushner and other senior White House officials are going against objections from the U.S. Army Corps of Engineers and senior U.S. Customs and Border Protection…