Trump Administration Brief Concerning Title VII and the Definition of Sex

On Friday, August 16th the Trump Administration filed a brief with the Supreme Court to argue that transgender workers are not protected under Title VII of the Civil Rights Act.

We at Gender Justice League remain committed in the fight for the rights of the Transgender community and stand against the Trump Administration and this brief.

This latest attack was submitted in the case of Aimee Stephens, a transgender woman who was fired from her funeral home job after announcing that she was transgender and was beginning her transition. The funeral home states that Aimee Stephens was fired due to non-compliance with their sex-specific dress code and that the dress code burdens men and women equally.

The Department of Justice states that Title VII of the Civil Rights Act of 1964 which protects workers against discrimination based on race, color, religion, sex and national origin does not bar discrimination due to transgender status. The brief also states that the word “sex” refers to the person’s “biological sex” and that transgender status discrimination is not addressed by Title VII nor the 1989 Supreme Court ruling that bans discrimination against sex stereotypes.

Gender Justice League firmly believes that discriminating against someone based off of an individual’s failure to conform to sex stereotypes is discrimination. Furthermore, discriminating against a Transgender Person is discriminating against their ability to follow sex-based stereotypes, and thus also is discrimination based upon sex.