Tag Archives: Macy v Holder

EEOC Confirms That Title VII Protects Transgender Employees

by Anna A. Cohen and Desiree E. Busching

On April 20, 2012, in a noteworthy decision, the Equal Employment Opportunity Commission (“EEOC”) ruled that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects transgender individuals from disparate treatment. Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (EEOC, Apr. 20, 2012).  The case therefore opens up a new protected category which, while already recognized under many state and local anti-discrimination statutes and by some federal courts, had not previously been formally recognized by the EEOC.  Employers may want to consider updating employment policies, such as anti-discrimination policies, to include “transgender status” or “gender identity” as protected categories (if they have not already done so because of applicable state or local laws) and to train managers not to discriminate, harass or retaliate against employees or applicants based on transgender status or gender stereotyping.

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