Labor Department Will Protect Trans Workers From Discrimination Under Current Law

Seeing will be believing, eh?

WASHINGTON — More than two years after the issue was first raised, the Labor Department on Tuesday announced it “will issue guidance to make clear that discrimination on the basis of transgender status is discrimination based on sex.”

The decision follows the Equal Employment Opportunity Commission’s 2012 decision that sex discrimination prohibited under Title VII of the Civil Rights Act includes discrimination based on transgender status.

Since then, however, the Labor Department had refused to say whether it was applying the ruling in Mia Macy’s EEOC case to its own enforcement of the current executive order banning federal contractors from discriminating on the basis of, among other factors, sex. After the department avoided answering or even being questioned about the issue, Labor Secretary Tom Perez said earlier this year that the issue was under review.

Perez announced in a blog post Tuesday, however, that the Labor Department’s Office of Federal Contract Compliance Programs is responsible for enforcing Executive Order 11246, and it will now be issuing the guidance.

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