Gender Identity Cases Now Included As a Protected Class

Gender Identity Cases Now Included As a Protected Class

Protection from gender-based discrimination, granted by Title VII of the Civil Rights Act of 1964, will be extended to include cases involving gender identity, according to the Department of Labor, which recently announced planned updates to Title VII.

“DOL is updating its enforcement protocols and nondiscrimination guidance to reflect that DOL provides the full protection of the federal nondiscrimination laws that it enforces to individuals with claims of gender identity and transgender status discrimination,” the DOL’s official release said.

The Transgender Law Center reports the movement to update Title VII protection and enforcement built momentum for the past decade, thanks to rulings in Oregon in 2004, Washington, D.C. in 2008 and Georgia in 2011.

However, the final shift stems from Mia Macy’s lawsuit after Macy, a military veteran and former police officer, was denied a position with the Bureau of Alcohol, Tobacco and Firearms.

“Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion or sex,” according to the U.S. Equal Employment Opportunity Commission (EEOC).