On April 20, the Equal Employment Opportunity Commission (EEOC) in Macy v. Holder ruled that a “complaint of discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII.” This landmark ruling marks the first time that the EEOC has provided any guidance on the extent to which Title VII’s sex discrimination prohibition applies to transgender employees.
Macy’s Complaint and Appeal to EEOC
In December 2010, complainant Mia Macy, a transgender woman, applied for a position as a contract ballistics technician at the Bureau of Alcohol, Tobacco, Firearms and Explosives (the “Bureau”). When Macy spoke to the Bureau’s director about the position, she presented her gender as male.
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