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.

SHARE

COMMENTS & DISCUSSIONS

Related Posts

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
HAE LAE

Title IX Case at SDSU Mentions Haeggquist & Eck, LLP in the News

Haeggquist & Eck, LLP appeared in a news report for taking on case involving Title IX and San Diego State …

Read More
HAE Law News

Haeggquist & Eck, LLP Appears in Local News in for Taking on San Diego County Sheriff’s Department Sexual Harassment Case

A recent case involving involving San Diego County Sheriff’s Department has mentioned Haeggquist & Eck, LLP. Here are some of …

Read More
Translate »