On March 7, the U.S. Court of Appeals for the Sixth Circuit issued an opinion holding that transgendered individuals are protected under Title VII of the Civil Rights Act of 1964, as discrimination against them is discrimination based on sex.
The Sixth Circuit covers Kentucky, Michigan, Ohio, and Tennessee. Employers in these states should consider this case when making employment decisions. This area of the law is evolving, and there appears to be a difference of opinion between the Sixth and some other Circuits. However, the EEOC has made this an enforcement priority. Employers in other states should be aware that local laws may also protect transgendered individuals.
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