Dec. 20, 2014

Holder’s Transgender Protection

The Department of Justice released a memo initialed by Eric Holder explaining that the DOJ now interprets Title VII to extend protections to transgendered people in the workplace. “The federal government’s approach to this issue has also evolved over time,” the memo said. “In 2006, the Department stated in litigation that Title VII’ s prohibition of discrimination based on sex did not cover discrimination based on transgender status or gender identity per se; the district court rejected that position.” First, the DOJ issued a ruling and then eight years later it reverses that decision? This doesn’t seem to be so much an evolution of legal thought as it is rule by arbitrary fiat. More…

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