To me, the Equal Opportunity Employment Commission’s aggressive prosecution of transgender claims of discrimination is bothersome. I have always understood that a statute’s plain language or the U.S. Supreme Court’s interpretation of that language should dictate how an agency prosecutes claims under that statute.
Under Title VII of the Civil Rights Act of 1964, it’s illegal for an employer to discriminate against an employee or applicant for employment on the basis of race, color, religion, national origin or sex. But clearly missing from Title VII’s protected classes upon which a claim of discrimination can be based is an individual’s transgender status. Despite the absence of language in Title VII, since April 2012, the EEOC has taken the position that discrimination against an individual because that person is transgender is discrimination because of sex and covered by Title VII.
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