Sixth Circuit Rules on Transgender Discrimination Case

OMA Connections Partner, Bricker & Ecker posted: ” Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination.”

And: “While the court has not created a new group of protected employees (that could only be done by congress), it did hold that discrimination on the basis of transgender and transitioning status is in fact discrimination on the basis of sex, which is already prohibited under Title VII.”

Per Bricker: “While this issue will likely be addressed by the Supreme Court in the future, for Ohio employers and others, transgender employees are protected from discrimination under Title VII. Employers should:

Review and, if necessary, revise their anti-discrimination policies accordingly

Notify employees that discrimination will not be tolerated on the basis of transgender or transitioning status in the form of training or otherwise.”