In a long-overdue move, U.S. Attorney General issued a memorandum stating that the U.S. Department of Justice Department will no longer assert that Title VII’s prohibition against discrimination based on sex does not encompass gender identity per se (including transgender discrimination). Title VII is the federal law that bans employment discrimination. Title VII applies to transgender and gender nonconforming people because of the ruling in Price Waterhouse.
Many gay activists have said for years that Title VII applies to transgender people. We hope that GLBT Organizations will stop trying to advance “transgender inclusive” legislation in Congress to ban discrimination based on gender identity, because it is not, in fact, needed and because GLBT Organizations do a terrible job of describing the legislation. What is needed, however, is legislation to ban discrimination based on sexual orientation.