Fair Work P.C.

Court brief sides with transgender worker

Transgender workers in Massachusetts and throughout the United States should be protected by Title VII of the Civil Rights Act of 1964. This is according to a brief submitted to the Supreme Court by the Transgender Legal Defense & Education Fund. The brief claims that discriminating against a transgender person is tantamount to sex discrimination, which Title VII prohibits. It backs up its claim by pointing to favorable rulings in 35 federal district courts over the past 20 years.

It also cites the American Psychological Association, which claims that those who change genders are not simply living out a fantasy. Instead, they are simply living as the gender that they believe themselves to truly be. According to the APA, decades of research has shown that only individuals themselves can know their true gender identity.

The brief was filed in the case of a Michigan woman who was fired from her job at Harris Funeral Homes. Although she identified as a woman, the employee was a male at birth. The TLDEF says that it filed the brief because it wanted to help individuals who were scared of losing their jobs simply for their gender identity. The Supreme Court will likely decide in its ruling whether Title VII protects workers from discrimination on the basis of sexual orientation and gender identity.

Victims of workplace discrimination may be able to obtain compensation and other forms of relief by working with Boston, Massachusetts, employee discrimination attorneys. An attorney may be able to show that an employer violated Title VII or other laws that protect a worker from sexual harassment or discrimination.

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