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Federal Government Decisions Mark A Changed Landscape For Transgender Workers

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From Buzzfeed:  http://www.buzzfeed.com/chrisgeidner/federal-goverment-decisions-mark-a-changed-landscape-for-tra

In cases against both government and private employers, transgender workers — with the federal government’s backing — are successfully using the Civil Rights Act’s sex discrimination protections to fight anti-transgender discrimination.

Chris Geidner
July 15, 2013

WASHINGTON —Transgender workers, backed by the federal government for the first time, are successfully using civil rights laws to challenge government and private employers accused of anti-transgender discrimination, BuzzFeed has learned.

The Department of Justice decided earlier this month in favor of a transgender woman, Mia Macy, who had been refused work at a laboratory of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). After an investigation into her claims, the Justice Department informed Macy July 8 that the bureau “discriminated against [her] based on her transgender status.”

Macy celebrated the decision as “validation.”

“I never thought in my life that it would be over, but to have it not only be over but to have them say, ‘Yes, unfortunately, your civil rights were violated. They did do this.’ To have that vindication, it’s surreal,” Macy said.

The changes coming about now are the result of a crucial legal decision made by the Equal Employment Opportunity Commission in Macy’s case back in 2012. The commission then ruled that anti-transgender discrimination is covered under the ban on sex discrimination found in Title VII of the Civil Rights Act of 1964. That April 2012 decision in Macy’s case sent her complaint back to the Justice Department, which is charged with investigating discrimination complaints brought against agencies under its control such as ATF.

Macy isn’t alone. BuzzFeed has learned that the EEOC also acted on at least one similar complaint later in 2012, a claim brought against a private employer.

The EEOC itself conducted an investigation into the actions of a private company in Maryland, concluding in September 2012 by finding that “reasonable cause” existed to believe the company had discriminated against a transgender woman employed by the company, which is a federal contractor. Although such findings often remain unpublicized, Freedom to Work and Lambda Legal, which represent the woman, presented the information about the case to BuzzFeed at this time because they have now reached a settlement with the company on behalf of the woman.

Continue reading at:  http://www.buzzfeed.com/chrisgeidner/federal-goverment-decisions-mark-a-changed-landscape-for-tra



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