EEOC’s “Sex” Discrimination Lawsuit Filed On Behalf Of Transgendered Worker Survives Motion To Dismiss

As we have previously reported, the EEOC is pursuing test cases to establish legal protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment as part of its strategic mission even though no federal statute, including Title VII, explicitly prohibits employment discrimination based on gender identity or expression. To this end, the EEOC filed two lawsuits on September 25, 2014 on behalf of transgender workers – EEOC v. Lakeland Eye Clinic, P.A. (Middle District of Florida) and EEOC v. R.G. & G.R. Harris Funeral Homes Inc. (Eastern District of Michigan) — seeking to expand the interpretation of federal civil rights laws..

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