As evidenced in a transgender discrimination case, the EEOC will not hesitate to pursue claims against employers for gender identity discrimination.
The EEOC settled a case on behalf of a transgender individual (the first of its kind) after following a landmark EEOC determination in 2012 that found that discrimination based on gender identity, change of sex, sex stereotyping or transgender status is a form of sex discrimination under Title VII. Read the determination here.
Based on this determination, the EEOC plans to focus on new emerging protected classes and the application of sex discrimination provisions for lesbians, gays, transgenders, and bisexual individuals. However, while gender identity and sexual orientation discrimination are not protected classes under federal law at the moment, there are many states that protect these classes from discrimination. But based on this milestone settlement, it's not hard to see that this class may be protected under federal law in the future.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
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