Lieff Cabraser Civil Justice Blog
EEOC Guidelines Emerging as Transgender Discrimination Cases Continue

EEOC Guidelines Emerging as Transgender Discrimination Cases Continue

Corporate Counsel has published a report titled “Lessons from the EEOC’s Transgender Discrimination Settlement” relating to a recent Minnesota EEOC victory for transgender worker rights. The article [subscription required] notes some simple and yet powerful guidelines for employers anxious about how to handle transgender employees.

Quoting attorney Robin Shea of Constangy Brook Smith & Prophete, Corporate Counsel states,

“Deliberately calling a transgendered worker by his or her original name, or referring to his or her ‘biological’ gender, is considered employment discrimination by the EEOC. Prior to last week’s settlement, there had been little guidance from the EEOC on that issue.”

Per the EEOC, transgender employees should be granted access to the restroom commensurate with their gender identity and employers should agree to change names and gender designations as requested across company records.

The Minnesota case is one of several the EEOC is pursuing across America, following an earlier plaintiff decision in Lusardi v. McHugh, a case on which Lieff Cabraser worked alongside the EEOC. “This settlement underscores EEOC’s commitment to securing the rights of transgender individuals under Title VII in the federal courts,” says EEOC General Counsel P. David Lopez in a press release. “This is our second such resolution and we hope that employers will take notice and begin to take proactive steps to prevent and eliminate discrimination against their transgender workers.”

Lieff Cabraser’s Work Upholding Employee Rights

Lieff Cabraser has a strong tradition of fighting for employee rights across America. Our employment law class action cases challenge (a) discrimination based on employees’ race, color, national origin, religion, age, gender, sexual orientation, or disability; (b) wage violations, including failure to pay overtime, break time, or vacation time; and (c) misuse of employees’ retirement benefits.