Transgender Discrimination

Friday, March 25, 2016

Transgender Discrimination is Sex Discrimination Under the Law: It Is Legally Actionable

Title VII of the Civil Rights Act of 1964 does not explicitly protected against transgender discrimination. It does protect against sex discrimination. Therefore, transgender rights advocates have been arguing that transgender discrimination is a form of sex discrimination protected under Title VII. On March 21, 2016 a U.S. District Court in Connecticut agreed with this argument and ruled that a failure to hire due to transgender status was legally actionable as sex discrimination. The Supreme Court has never addressed this issue, and the 10th Circuit Court of Appeals has found that discrimination on the basis of transgender status is not legally actionable sex discrimination. Maryland is in the Fourth Circuit, which has not addressed the issue, nor has the District of Columbia Circuit Court of Appeals. Sooner or later, it is likely that this issue will find its way to the U.S. Supreme Court. But, for now, it is clear that the trend is towards the growth of legal protections for individuals with transgender status. Employers should take not of this and transgendered individuals should be aware of their growing rights. 

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