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Medical Procedure Not A Prerequisite For Equality

A recent employment law decision by the Equal Employment Opportunity Commission (EEOC) eloquently set forth rationale finding evidence of discrimination in a transgender case that could apply to many other instances of discrimination.

In the recent gender discrimination matter, a transgender employee asserted that she was discriminated against by being forced to use a single-use restroom. When it was out of order and she used the women’s room, she was repeatedly confronted by a supervisor and was often referred to by her former male name and with male pronouns. Her employer denied her access arguing that because she had not yet undergone the final medical procedure, she was still a male. In rejecting this argument, the EEOC underscored that nothing in Title VII makes any medical procedure a prerequisite for equal opportunity (for transgender individuals, or anyone else).

In fact, no rationale exists for any employer to discrimination against workers on the basis of any protected category. All workers should be provided the opportunity to earn a living without fear of discrimination or retaliation.

In 2012, a similar ruling from the EEOC based on Title VII found in favor of a transgender woman who was denied employment based on her gender identity. The Department of Labor has also issued guidance stating that transgender employees of the federal government and its contractors are covered by nondiscrimination protections based on sex.

For more information or if you believe that you have suffered any form of employment discrimination, please contact the experienced Atlanta discrimination lawyers at Buckley Bala Wilson Mew LLP, LLP for an immediate case evaluation.

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