The U.S. Department of Justice Agrees To Help Protect Transgender People

In a memo, dated December 15, 2014, the U.S. Department of Justice publicly acknowledged it will now bring claims against public employers on behalf of workers who have been discriminated against because they are transgender.

At play is the Civil Rights Act of 1964.  Previously, the Justice Department interpreted Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex, as not covering people who do not present as the gender associated with the sex they were born with.  Reversing the department’s earlier position, the Justice Department will now interpret the Civil Rights Act as extending to protect discrimination claims based on gender identity.

The department’s decision follows closely on the heels of the executive order President Barack Obama signed in July 2015 making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity.

We are glad to see the government striving for consistent treatment of claimants throughout the government system.  While the Justice Department cannot file suit against private employers, effective January 1, 2012, private employees became protected from discrimination based on “gender identity” and “gender express” under the Fair Employment and Housing Act (“FEHA”), which allows for a private right of action.  “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

If you feel you have been discriminated against because of your gender identity, give the attorneys at Zeldes Haeggquist & Eck, LLP a call at (619) 342-8000 or contact us online.



Related Posts

Haeggquist & Eck Attorneys posing for picture

California Law Firm, Haeggquist & Eck, Work to Help Women in the Workplace Against Sexual Harassment

In this article by Law360, an all-too-common story is told about how women’s experiences are typically glossed over in the …

Read More

Haeggquist & Eck’s Attorney Jenna Rangel and Survivor Advocate Christy Heiskala are featured in KPBS News Story

Haeggquist & Eck’s Attorney Jenna Rangel and Survivor Advocate Christy Heiskala are featured in KPBS news story regarding how outside …

Read More
In the News Banner

Haeggquist & Eck Represents Detectives in Sexual Harassment Suit Against San Diego County Sherriff’s Department

Haeggquist & Eck Partner, Jenna Rangel, is proudly representing two former San Diego Sherriff’s Department detectives in a Sexual Harassment …

Read More
Translate »