Employment Matters Blog

Transgender

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“[T]he EEOC appears to seek a more expansive interpretation of sex under Title VII that would include transgender persons as a protected class.  There is no Sixth Circuit or Supreme Court authority to support the EEOC’s position that transgender status is a protected class under Title VII. . . .  Even though transgender/transsexual status is currently not a protected class under Title VII, Title VII nevertheless ‘protects transsexual persons from discrimination for failing to act in accordance and/or identify with their perceived sex or gender.’”