In a recent adjudication, the EEOC concluded that discrimination against a transgendered individual is sex discrimination. To many readers, this conclusion may seem obvious, but in fact, most courts that have considered the anti-discrimination rights of transgendered employees have taken a narrower approach. ...
As I will argue in this column, the EEOC has the better of the argument. Its ruling takes an honest, straightforward look at the nature of transgender discrimination and the natural scope of Title VII’s broad prohibition of sex discrimination in employment.
Joanna L. Grossman,
The EEOC Rules That Transgender Discrimination Is Sex Discrimination: The Reasoning Behind That Decision Verdict
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/945