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TRANSGENDER INDIVIDUALS FALL WITHIN PROTECTED CLASS OF SEX BARRING DISCRIMINATION

  • Sep 25 2012
The Equal Employment Opportunity Commission recently issued a decision finding that a complaint of discrimination based on gender identity, change of sex, and/or transgender status may be maintained under Title VII of the Civil Rights Act of 1964. The complainant had filed a claim under Title VII on the basis that she was not hired for a position as a result of making her transgender status known.
While federal district courts have already begun issuing decisions also recognizing that discrimination against transgender individuals on the basis of sex stereotyping constitutes discrimination because of sex, the EEOC determination represents the first time that a government body with national authority has reached that determination.
Employers should review their EEO policies and practices to ensure that they include prohibitions against transgender discrimination and avenues for complaints. To provide assistance in this area, Attorney Meredith Savitt, who is Of Counsel to the firm in our Albany office, concentrates her law practice in the area of labor and employment law and litigation. Ms. Savitt, who was named to the 2012 Upstate New York Super Lawyers list, represents employers and handles employment matters before state and federal courts, the National Labor Relations Board, including collective bargaining negotiations, unionization campaigns, and unfair labor practices.
O’Connell and Aronowitz is one of the Capital District’s largest and most diverse law firms. With more than 35 attorneys and offices in Albany, Saratoga, and Plattsburgh, the Firm provides a broad range of legal services to businesses and individuals throughout the State. If you have questions about the Firm or its services, please contact Jeffrey J. Sherrin at (518) 462-5601.  Ms. Savitt can be reached at the same number.

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