A recent employment law decision by the Equal Employment Opportunity Commission
(EEOC) eloquently set forth rationale finding evidence of discrimination
in a transgender case that could apply to many other instances of discrimination.
In the recent gender discrimination matter, a transgender employee asserted
that she was discriminated against by being forced to use a single-use
restroom. When it was out of order and she used the women’s room,
she was repeatedly confronted by a supervisor and was often referred to
by her former male name and with male pronouns. Her employer denied her
access arguing that because she had not yet undergone the final medical
procedure, she was still a male. In rejecting this argument, the EEOC
underscored that nothing in Title VII makes any medical procedure a prerequisite
for equal opportunity (for transgender individuals, or anyone else).
In fact, no rationale exists for any employer to discrimination against
workers on the basis of any protected category. All workers should be
provided the opportunity to earn a living without fear of discrimination
In 2012, a similar ruling from the EEOC based on Title VII found in favor
of a transgender woman who was denied employment based on her gender identity.
The Department of Labor has also issued guidance stating that transgender
employees of the federal government and its contractors are covered by
nondiscrimination protections based on sex.
For more information or if you believe that you have suffered any form
of employment discrimination, please contact the experienced
Atlanta discrimination lawyers at The Buckley Law Firm, LLP for an immediate consultation.