Back to News

U.S. Department of Justice Reverses Course, Finds That Title VII Prohibits Transgender Discrimination

Published on

December 22, 2014

On December 18, 2014, U.S. Attorney General Eric Holder issued a memorandum regarding the treatment of transgender employment discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII). In that document, the Attorney General noted that the federal government’s position on this issue has changed over time. In 2006, the Department of Justice stated that Title VII’s prohibition on sex discrimination did not cover discrimination based on transgender status or gender identity. However, after considering Title VII’s text, relevant Supreme Court case law, and developing jurisprudence, the Department of Justice has determined that a better reading of Title VII’s prohibition on sex discrimination is that it encompasses gender identity claims, including transgender status. The Department of Justice cannot file suit against private employers. The Department of Justice, however, could apply the new standard to claims against state and local public employers. Consequently, the Department of Justice could file suit on behalf of public employees alleging a claim of sex discrimination under Title VII based on transgender status. Additionally, the Equal Employment Opportunity Commission (EEOC)—which can file suit against private employers—has already begun suing private employers on behalf of transgender individuals who claim they have been discriminated against. (See EEOC Files Two Ground-Breaking Cases Equating Transgender Discrimination with Sex Discrimination Under Title VII.) Because of the Department of Justice’s and EEOC’s recent actions, both public and private employers should evaluate their policies on non-discrimination to ensure that they prohibit discrimination based on gender identity, including transgender status. Please contact any member of our Employment Law Group for assistance. 


Related News

View More News
News Alert
August 12, 2025

ULP Charges Now Subject to Immediate “Deferral” Analysis per New NLRB Memorandum

On Thursday August 7, 2025, the National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William B. ...

Learn More
News Alert
August 4, 2025

OFCCP Resumes Enforcement Under Section 503 and VEVRAA Following Lifting of Abeyance

On July 2, 2025, the U.S. Department of Labor issued Secretary’s Order 08-2025, officially lifting the abeyance on the Of...

Learn More
News Alert
August 1, 2025

DOJ Issues New Guidance on DEI and Federal Funding

On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum to all federal agencies clarifying how f...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
07
2:30 pm
-
6:00 pm
event
Location

2025 York Business Seminar

Learn More
Oct
14
2:30 pm
-
6:00 pm
event
Location

2025 Harrisburg Business Seminar

Learn More
Oct
30
2:30 pm
-
6:00 pm
event
Location

2025 Lancaster Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers