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We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

U.S. Attorney General Says Title VII Protects Transgender Individuals From Employment Discrimination

By Joshua A. Newville, Attorney, on December 30, 2014
Posted in Sex Discrimination, Sexual Orientation Discrimination, Title VII, Wrongful Termination

In a memo dated December 15, 2014 from United States Attorney General Eric Holder to United States Attorneys and other officials, the Attorney General has declared that Title VII of the Civil Rights Act of 1964‘s prohibition of sex discrimination encompasses discrimination based on gender identity, including transgender status.

Minneapolis Transgender Employment Attorneys

 

The Attorney General wrote,

“The most straightforward reading of Title VII is that discrimination ‘because of  . . . sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

The memo comes after Congress failed to pass the Employment Non-Discrimination Act, which would provide a Title VII-equivalent prohibition on discrimination based on sexual orientation and/or gender identity. While the memo shows the federal government playing catchup with many courts’ interpretation (The Justice Department previously declared that Title VII per se didn’t prohibit discrimination based on gender identity), it is a sign of hope for those who have been discriminated against in the workplace based on their gender identification.

However, because courts have widely found that Title VII does not prohibit discrimination based on sexual orientation, it will take passage of the Employment Non-Discrimination Act to protect gay and lesbian individuals from discrimination at work that is not based on sex stereotyping.

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Based in Minneapolis, Madia Law is a nationally-recognized boutique litigation firm. We represent small businesses and victims of discrimination and unfair treatment. We focus on civil rights and constitutional law, employment law, class actions, business litigation, whistleblowers, breach of fiduciary duty, police misconduct, securities litigation, unpaid wages, sexual harassment and more.


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  • About
    • Our People
      • J. Ashwin Madia
      • Joshua A. Newville
      • Cody J. Blades
      • Sara E. Ion
      • David G. Mayhall
      • Ashley M. Velasquez
    • Why Madia Law?
    • Our Strategy
    • Media Coverage
  • Practice Areas
    • TRIAL PRACTICE
    • Civil Rights
      • Sexual Assault
      • Minnesota Police Misconduct, Brutality, and Shootings
    • Employment Law
      • Drug and Alcohol Testing
      • Wrongful Termination
      • Hostile Work Environment
      • Sexual Harassment
      • Race Discrimination
      • Disability Discrimination
      • Family and Medical Leave Act
      • Age Discrimination
      • Retaliation
      • Workers Compensation Retaliation
      • Sexual Orientation Discrimination
      • Sex Discrimination
      • Pregnancy Discrimination
      • Unpaid Wages and Unlawful Deductions
      • Unpaid Overtime Wages
      • Unpaid hours and overtime collective and class actions
      • Veterans and Military
      • Severance Agreements
      • Whistleblower Claims
      • False Claims Act
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    • Police Brutality and Excessive Force
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    • Sexual Harassment
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