The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Posts tagged Transgender
Trump Administration: Federal Civil Rights Law Does Not Protect Transgender Workers

With the release of a Justice Department memo on October 5 titled “Revised Treatment of Transgender Employment Discrimination Claims,” signed by Attorney General Jeff Sessions, the Trump administration has cast aside any uncertainty about its position of federal protections for transgender workers. Referring specifically to Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of sex, the memo asserts that federal civil rights law does not protect transgender people from discrimination at work.  The memo was sent to all U.S. attorneys and the heads of all federal agencies.

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What You Should Know: Federal and State Employment Protections for Transgender Workers

In light of the publicity surrounding President’s Trump’s recent tweets regarding transgender individuals serving in the United States military, it is important for employers to be aware of current prohibitions at the state level for employment discrimination based on an employee’s status as a transgender man or woman, as well as the Equal Employment Opportunity Commission’s (“EEOC”) current view that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination based on transgender status.  A transgender person is someone whose gender identity differs from the sex marked on their birth certificate.

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