A Win for Transgender Employees: Chevron Deference for the EEOC's Decision Macy v. Holder
AbstractA recent decision by the Equal Employment Opportunity Commission (EEOC) in an administrative adjudication has the potential to dramatically alter the legal landscape for a transgender workers with employment discrimination claims. The historic decision is predicted to improve the availability and likelihood of success of judicial and administrative remedies for claims of discrimination based on transgender status.1 In its ruling, the EEOC recognized that "claims of discrimination based on transgender status, also referred to as claims based on gender identity, are cognizable under Title VII's sex discrimination prohibition..." and "conclud[d] that intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination 'based on...sex,' and such discrimination therefore violates Title VII"2 This ruling reflects the changing attitudes toward transgender individuals in our society and signals a growing recognition that all individuals are entitled to basic civil rights that prevent discrimination on the basis of gender identity.
How to Cite
. A Win for Transgender Employees: Chevron Deference for the EEOC's Decision Macy v. Holder. Journal of Law and Family Studies, [S.l.], v. 15, n. 1, apr. 2014. Available at: <https://epubs.utah.edu/index.php/jlfs/article/view/1212>. Date accessed: 27 june 2022.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).