Title VII Transgender Employee

Apr 21

Written by:
4/21/2015 2:07 PM  RssIcon

In a recent ruling the Equal Employment Opportunity Commission (EEOC) ruled that the U.S. Army violated Title VII of the Civil Rights Act of 1964 in regards to the treatment of a transgendered employee who was subjected to discrimination and harassment by her supervisors and other employees.

The complainant, a transgender woman, began the process of her gender presentation/expression in 2010 including legally registering a name change. Following this decision, the employee requested that she be referred to by her new name or a female pronoun and be allowed to use gender appropriate facilities.

However, the complainant’s supervisor forbid her use of the female restroom, insisting that she must prove that she had completed a medical procedure before he would allow it. Furthermore, he consistently referred to her by her former (male associated) and used male pronouns in front of other employees. According to the EEOC this behavior formed a pattern of abuse in violation of Title VII.

While this decision is only binding on federal agencies, it demonstrates the EEOCs new position regarding the applicability of Title VII to gender identity.


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