Sunday, September 28, 2014

EEOC Files Two Transgender Discrimination Lawsuits

More than two years ago, the EEOC held that transgender discrimination is a form of sex discrimination. Less than a year ago, the Third Circuit analyzed a transgender discrimination claim as thought it were any other discrimination claim. At the time, I wrote:
I think the writing is on the wall on this issue . . . transgender/gender identity discrimination will be treated as sex discrimination by courts (whether ENDA passes or not).
I guess some employers didn't get the memo.

The EEOC announced a pair of transgender discrimination lawsuits, the first in its history. You can read the press releases here and here. Both cases entail male employees who began transitioning to female - and were promptly fired.