With all of the despairing over the lack of movement of ENDA and a perception that without it trans people are powerless to fight workplace discrimination, just a reminder (to myself as well) we are protected.
Prior to transitioning Mia Macy, a veteran police officer, applied with the Bureau of Alcohol, Tobacco, Firearms and Explosives Agency in December 2010. She was told the job was hers pending a background check but when she contacted them again to inform them of her transition they first told her the job had been eliminated due to budget cuts. Unsatisfied with that response she pursued it again and they told her the job had already been taken.
On June 13, 2011 Ms. Macy filed a complaint with the EEOC.
In her complaint, Macy checked the box for “sex” as the basis of her discrimination claim. In addition, Macy typed onto her complaint form that “gender identity” and “sex stereotyping” also formed the basis of her complaint against the Agency. Macy further explained in her complaint that she had been discriminated against on the basis of her “sex, gender identity (transgender woman) and on the basis of sex stereotyping.”
The EEOC sent her a number of replies indicating they would not process her complaint regarding gender identity stereotyping so Mia Appealed.
In a long and drawn out battle Mia finally won the right for transgender people to be included under Title VII because the EEOC ruled on appeal that the”…term “gender” encompasses not only a person’s biological sex but also the cultural and social aspects associated with masculinity and femininity.
Department of Justice,
(Bureau of Alcohol, Tobacco, Firearms and Explosives),
Appeal No. 0120120821
Agency No. ATF-2011-00751
On December 9, 2011, Complainant filed an appeal concerning her equal
employment opportunity (EEO) complaint alleging employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. § 2000e et seq. For the following reasons, the
Commission finds that the Complainant’s complaint of discrimination
based on gender identity, change of sex, and/or transgender status is
cognizable under Title VII and remands the complaint to the Agency for
Mia Macy is a veteran, police detective, loving wife and radio and television personality – she became an accidental activist with ground breaking Macy V. Holder case
catch her each Saturday night on Swirl Radio .