No federal law protects gay employees—including transgender employees—from discrimination or harassment because of their sexual orientation. However, courts and the EEOC have begun applying Title VII of the Civil Rights Act to protect transgender rights.
THE LAW: Title VII protects employees and job applicants from discrimination because of sex. While traditionally this has protected women from workplace discrimination and sexual harassment, the Supreme Court broadened Title VII’s application in its 1998 decision in Oncale v. Sundowner.
In a unanimous opinion, Justice Antonin Scalia wrote:
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 ‘cond...(register to read more)
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