A recent employment law decision by the Equal Employment Opportunity Commission (EEOC) provides a compelling rationale for finding evidence of discrimination in a transgender case that can be applied to many other instances of discrimination.
In this particular gender discrimination case, a transgender employee claimed she faced discrimination by being forced to use a single-use restroom. When the restroom was unavailable, she used the women’s restroom, which led to repeated confrontations by a supervisor. Additionally, the employee was referred to by her former male name and with male pronouns. Her employer denied her access, arguing that because she had not undergone the final medical procedure, she was still considered male. However, the EEOC rejected this argument, emphasizing that Title VII does not require any specific medical procedure as a prerequisite for equal opportunity, whether for transgender individuals or anyone else.
In fact, there is no valid rationale for any employer to discriminate against workers based on any protected category. All workers should have the opportunity to earn a living without fear of discrimination or retaliation.
In a similar ruling in 2012, the EEOC found in favor of a transgender woman who was denied employment based on her gender identity, asserting protections under Title VII. Furthermore, the Department of Labor has issued guidance stating that transgender employees of the federal government and its contractors are covered by nondiscrimination protections based on sex.
If you believe you have experienced any form of employment discrimination, please contact the experienced Atlanta discrimination lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.