For the first time, the Equal Employment Opportunity Commission has ruled that transgendered people are protected from bias in the
workplace. Now, a refusal to hire or
discriminate on the basis of gender identity is by definition sex
discrimination under federal law.
The law itself hasn’t changed, simply the Commission has
expanded the standard sexual discrimination clauses to include transgendered
individuals.
“This decision is important because the EEOC is the agency
with lead authority to interpret and enforce the nation's employment rights
laws," said Jennifer Pizer, legal director of the Williams Institute on
Sexual Orientation and Gender Identity Law and Public Policy at UCLA.
The particular case involved Mia Macy, an Army veteran,
former police detective, and California
woman who applied for a contractor job with the Federal Bureau of Alcohol,
Tobacco, Firearms and Explosives. She was
told that she qualified for the job as a ballistics technician but when she
informed the contractor that she was changing her gender she was informed that
funding for the job was cut. Later, she
learned that someone else was hired for the position.
"The term 'gender' encompasses not just a person's biological sex but also the cultural and social aspects associated with masculinity and femininity," the unanimous 5 member EEOC decision said.
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