Transgender people are covered by a federal prohibition on sex-based employment discrimination under Title VII of the Civil Rights Act of 1964. Mia Macy presented herself as a man when she was offered a job as a ballistics investigator upon a satisfactory background check, but the lab director revoked the offer several days after Macy informed him that she was transitioning to a female. The EEOC relied on congressional intent as well as Supreme Court and lower federal court decisions to interpret Title VII’s use of the term “sex” to include both the biological differences between men and women as well as gender. The EECO held that intentional discrimination against a transgender individual because that person is transgender is discrimination based on sex in violation of Title VII.
See Macy v. Holder, EEOC DOC 0120120821, 2012 WL 1435995 (E.E.O.C.); see also 42 U.S.C. § 2000e et seq. See e.g. Price Waterhouse v. Hopkins, 490 U.S. 228, 239 (1989).
(Development Authored by Joanna Solloway)