Employment law has seen some significant developments over the past year, and based upon the U.S. Supreme Courts current docket, we can anticipate some interesting decisions and developments in the upcoming year.
Of great note this year was the April 20 decision of the Equal Employment Opportunity Commission (EEOC), Macy vs. Dept. of Justice (Bureau of Alcohol, Tobacco, Firearms and Explosives), Appeal No. 0120120821, Agency No. ATF-2011-00751 (April 20, 2012). The EEOC held the term sex as used in Title VII encompasses both biological sex and gender. The prohibition against discrimination on the basis of sex, therefore, should be broadly interpreted to include discrimination on the basis of an individuals transgender identity. The lack of protection for transgender individuals has been a hot topic for a number of years, making the EEOC decision, though not binding upon the state or federal courts, extremely significant and likely foreshadowing the development of this interpretation by the courts. The EEOC is the federal governments method of oversight for its anti-discrimination laws, and its decisions, guidelines and positions are given great deference by legal practitioners and the courts.
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