In a major victory for transgender workers, the Equal Employment Opportunity Commission ruled on April 20 that a boss who discriminates against a worker or job seeker based on gender identity or gender expression is engaging in sex discrimination and violating Title VII of the Civil Rights Act of 1964.
The ruling concerned the case of Mia Macy, a ballistics technician who applied for a contractor position with the Bureau of Alcohol, Tobacco and Firearms before she transitioned. She was told she was qualified for the job. After she informed the employer that she was changing her gender, she was told funding for the job was being cut and later learned that someone else had been hired in her place.
The San Francisco-based Transgender Law Center took up the case, filing a complaint on behalf of Macy with the Office of Equal Opportunity of the ATF. In its response, the ATF claimed that federal job discrimination laws did not apply to transgender people.
The TLC then appealed to the EEOC, asking them to clarify the law.
The EEOC decision was issued unanimously by the five-member panel, and will apply to all EEOC activities throughout the country and be binding on all federal agencies and departments.
In the decision, the EEOC stated: ”[T]he Commission hereby clarifies that claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII’s sex discrimination prohibition.
”When an employer discriminates against someone because the person is transgender, the employer has engaged in disparate treatment related to the sex of the victim. This is true regardless of whether an employer discriminates against an employee because the individual has expressed his or her gender in a non-stereotypical fashion, because the employer is uncomfortable with the fact that the person has transitioned or is in the process of transitioning from one gender to another, or because the employer simply does not like that the person is identifying as a transgender person.”
Mazen Davis of the TLC commented: ”Given the incredibly high rate of employment discrimination facing transgender people, this is incredibly significant for us. Data from the National Center for Transgender Equality and National Gay and Lesbian Task Force found that 78 percent of transgender Americans say they’ve experienced workplace discrimination at some point in time. Given that transgender people do not have employment protections in the vast majority of states, this creates a whole new fabric of legal support for our community.” (Metro Weekly, April 23)
The case has been sent back to the ATF for consideration in light of the EEOC decision, but either the agency or Macy have 30 days to ask the commission to reconsider its decision.
Still, this ruling is a major victory. Credit should go to all those individuals who stood up against the system. It takes courage to take the steps to be recognized as the gender you know you are, especially when that gender does not match what society expects you to be. The many brave individuals who have fought personal and professional battles to align their gender with their presentation deserve recognition for this victory, those who stood up to demand equality. It is the determination of those who face harassment every day and stand up to it that has led to this victory.
This is not a gift from the Obama administration. This is a long overdue recognition of the struggle that will continue until equality is a reality and not just rhetoric. Transgender workers know all too well that while this declaration offers some legal protections, assuming it stands, it does not erase the discrimination that is faced by anyone who is perceived as being different. Daily attacks on transgender people will not end with this ruling. The struggle for equality on all levels must continue.
