In what is reported to be a landmark decision, the United States Equal Employment Opportunity Commission ("EEOC"), in Macy v. Bureau of Alcohol, Tobacco, Firearms and Explosives, found for the first time that discrimination against transgender individuals constitutes sex discrimination in violation of Title VII. While not the first case to explore the notion that Title VII prohibits discrimination based upon gender identity and stereotypes, it is the first decision by the EEOC addressing the subject of transgender discrimination.
In Macy, the EEOC held that the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (the "ATF") could be found to have violated Title VII when it denied a job application from a transgender woman who applied for a position as a ballistics technician with the federal agency. Notably, the claimant was a veteran police detective, who allegedly was assured by the...
