THE LAW: Title VII of the Civil Rights Act protects employees and job applicants from discrimination because of sex. While Title VII traditionally has protected women from workplace discrimination and sexual harassment, the Supreme Court broadened its application in 1998, with a decision in Oncale v. Sundowner.
Citing Oncale, the EEOC has now stated that it believes Title VII prohibits workplace discrimination against transgender people—those whose gender identity or gender expression differs from the sex they were assigned at birth.
Justice Antonin Scalia’s opinion in Oncale noted, “But statutory prohibitions often go beyond the principal evil [they were passed to combat] to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed. Title VII prohibits ‘discrimination … because of … sex’ in the ‘terms’ or ‘conditions’ o...(register to read more)