DOJ: Title VII Prohibits Anti-Trans Discrimination

Published: December 18, 2014

The BILERICO Project
John M. Becker
Original Article:

U.S. Attorney General Eric Holder announced today that the Justice Department will adopt the position that the provision of Title VII of the Civil Rights Act of 1964 prohibiting discrimination on the basis of sex covers discrimination on the basis of gender identity, including transgender status.

The DOJ reports via press release:

Attorney General Holder informed all Department of Justice component heads and United States Attorneys in a memo that the department will no longer assert that Title VII’s prohibition against discrimination based on sex excludes discrimination based on gender identity per se, including transgender discrimination, reversing a previous Department of Justice position. Title VII makes it unlawful for employers to discriminate in the employment of an individual "because of such individual’s…sex," among other protected characteristics. ??

"This important shift will ensure that the protections of the Civil Rights Act of 1964 are extended to those who suffer discrimination based on gender identity, including transgender status," said Attorney General Holder. "This will help to foster fair and consistent treatment for all claimants. And it reaffirms the Justice Department’s commitment to protecting the civil rights of all Americans."

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