Yesterday, U.S. Attorney General Eric Holder issued a memo setting out the Obama Administration’s position that Title VII specifically prohibits discrimination based on transgender status or gender identity per se.

In the memo, Attorney General Holder pointed out that questions have arisen in a number of administrative and judicial contexts as to the appropriate legal standard applicable to claims of gender identity discrimination.  While courts have recognized gender identity discrimination claims under a “sex-stereotyping” theory – discrimination based on a perceived failure to conform to particular gender characteristics – there is no consensus among courts as to whether discrimination based on gender identity or transgender status, per se, is illegal.
Continue Reading DOJ Now Interprets Title VII as Prohibiting Discrimination Based on Transgender Status