Does Title VII Cover Transgender Individuals? The EEOC is encouraging the 5th Circuit that it does.

EEOC Backs Former Saks Worker's Transgender Bias Suit

The EEOC moved to file a brief that says Saks Fifth Avenue's bid to toss a discrimination and retaliation suit brought by former Saks Fifth Avenue worker Leyth Jamal ought to be denied and that discrimination against someone because they are transgender is cognizable as sex discrimination under Title VII.

In the Commission’s view, Saks’ argument to the contrary ignores Supreme Court precedent holding that discrimination against an individual because he or she does not conform to gender stereotypes is sex discrimination under Title VII ... and numerous appellate court decisions recognizing that transgender-based discrimination is sex discrimination,” the EEOC's proposed amicus brief said.

The Fifth Circuit has yet to rule on whether harassment and discharge of a worker because of transgender status is covered by Title VII's ban on sex discrimination, and the EEOC “has a strong interest in the resolution of this issue,” according to the motion for leave to file the amicus brief.