Does Title VII of the Civil Rights Act prohibit discrimination based on gender identity (as part of its prohibition on gender discrimination)?
The EEOC has said yes, it does. “Federal law on the subject arises out of agency and court interpretations of Title VII of the Civil Rights Act of 1964, which expressly prohibits workplace discrimination on the basis of race, color, religion, sex and national origin. According to information provided by Jeanne Goldberg, a senior attorney advisor with the Equal Employment Opportunity Commission (EEOC), Title VII’s prohibition against sex discrimination also bans any employment discrimination based on gender identity or sexual orientation.”
But this interpretation has been legally challenged, both in appeals courts and by former U.S. Attorney General Jeff Sessions, who issued a memo in 2017 to that effect. Read more here…
Source: HR Daily Advisor