Employment Discrimination on the basis of gender includes discrimination on the basis of gender identity and transgender status. If you believe you are the victim of employment discrimination on the basis of your gender or gender identity, our New York employment discrimination attorneys can help you fight for your rights. The U.S. Equal Employment Opportunity Commission (EEOC) recently determined that discrimination based on gender identity, change of sex or transgender status constitutes sex discrimination under Title VII of the Civil Rights Act of 1964.
Mia Macy claimed that she was denied a job at the Bureau of Alcohol, Tobacco, Firearms and Explosives when she announced that she would be transitioning her gender from male to female. Macy applied for the job as a man and was told that she would get the job pending a background check, but was informed the position was no longer available after stating that she would be undergoing a sex change operation.
Believing she had been unlawfully denied the position, Macy filed a charge with the EEOC. The EEOC determined that claims of discrimination based on transgender status, also referred to as claims based on gender identity, are cognizable under Title VII. The EEOC explained that Title VII's protections encompass a person’s biological sex, as well as their gender, which includes cultural and social aspects associated with masculinity and femininity.
In making its determination, the EEOC relied on U.S. Supreme Court precedent holding that Title VII forbids employers from penalizing employees who fail to conform to stereotypical norms. Under that precedent, Macy would have been discriminated against if she was denied a position due to the perception that her transgender status did not conform to gender stereotypes.
A copy of the decision is here: https://www.pcc.edu/programs/paralegal/documents/macy-v-holder.pdf
If you believe you have been a victim of employment discrimination on the basis of your gender or gender identity, please contact one of our New York employment discrimination attorneys.