In the case of EEOC v. R.G. &. G.R. Harris Funeral Homes, 884 F.3d 560 (6th Cir. 2018), a federal appellate court held that Title VII of the Civil Rights Act protects transgender persons because of their transgender or transitioning status. Title VII prohibits employers from discriminating against their employees in matters related to employment – i.e. hiring, compensation, termination, etc.
This is one of the first times that a court has determined that transgender individuals have a cause of action against their employers based on discrimination of their transgender status and could have a significant impact on sex-based discrimination under Title VII. Prior courts were reluctant to extend Title VII protections to transgender individuals unless they could successfully argue that the discrimination resulted from a failure by the individual to adhere to sex-based stereotypes – i.e., the individual failed to conform to traditional notions about what it means to be a “man” or a “woman.” This decision explicitly found that the definition of sex under Title VII specifically includes gender identity and transgender status in addition to sex-based stereotypes.
As noted in prior blogs, the laws regarding transgender rights are rapidly changing. Schools are encouraged to contact legal counsel when dealing with these issues. McGown & Markling attorneys are always available to advise you regarding these issues.
To read this case, click here.
UPDATED: The funeral home appealed the decision to the United States Supreme Court on July 20, 2018. To read the petition for writ of certiorari, click here. Both the EEOC and individual filed briefs in opposition of certiorari on October 24, 2018, which can be read by clicking here and here, respectively. The Supreme Court has yet to decide whether to hear the appeal. Stay tuned.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.