The Civil Rights Act of 1964 changed the landscape of human rights across the country. Title VII is the most hotly debated portion of that law in that it forbids discrimination based on five key metrics: race, color, religion, sex and national origin. In spite of the law’s nearly fifty years as a part of United States Code, it still requires active, repeated interpretation to ensure proper enforcement. The Equal Employment Opportunity Commission is responsible for making sure that act is enforced. Since Title VII’s inception, the EEOC has never ruled that transgender individuals are covered under the sexual discrimination cause of that Act—until April 2012.
Past EEOC Rulings Regarding Transgender Sexual Discrimination
Has discrimination on the basis of gender alignment always been a Title VII issue? Historically, it has not. In the past, when complaints were filed with the EEOC regarding discrimination against gay, lesbian, bisexual or transgender individuals, the complaint was handled as discrimination on the basis of sexual orientation. On three past occasions ranging from 1984 to 1986, the EEOC ruled that transgender discrimination did not constitute a Title VII claim. In April 2012, as the EEOC reviewed a complaint by Mia Macy against the Bureau of Alcohol, Tobacco, Firearms and Explosives, the EEOC ruled differently. As a result, transgender complaints are now considered under the purview of Title VII.
What is Gender Discrimination?
Gender discrimination under Title VII occurs when employment opportunities are denied or the terms and conditions of one’s employment are altered due to an individual’s gender. The interpretation of the law, previous to 2012, has excluded transgender individuals. The new interpretation of the law is important to the transgender community and for Title VII law. As an interpretation of an existing law, it may fundamentally modify the legal system’s understanding of gender.
When is Gender Discrimination Appropriate Under the Law?
Are there situations where gender discrimination is deemed legally appropriate? Yes, there are. Gender preferences are permissible when an employer takes an affirmative action hiring policy to rectify past discrimination. In addition, there are narrow cases where gender discrimination is inherent to the working conditions, i.e. male or female modeling, etc.
A Time of Change in Transgender Rights
With this important EEOC ruling regarding transgender discrimination under Title VII, the American legal understanding of transgender rights is in flux. If you would like to find out more about the rights and actions surrounding an act of transgender discrimination, contact Valli, Kane & Vagnini for a free consultation.