Provided by the Labor & Employment Law Section Executive Committee
Recent weeks have brought several developments in the EEOC's efforts to protect transgender individuals from adverse employment actions using Title VII's prohibition against discrimination based on sex. In a public sector case, the EEOC ruled it was discrimination to deny an employee access to the restroom reserved for the gender with which she identified and that the employer created a hostile work environment by allowing a supervisor to refer to her with her previous, male name and male pronouns. In private sector cases, after successfully resolving one lawsuit, the Commission obtained a favorable ruling denying a motion to dismiss a second lawsuit alleging discrimination against an employee because of her transgender status.
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