DOJ files brief with the Supreme Court opposing workplace discrimination claims by transgender workers

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The Ministry of justice signalled their opposition to providing Federal protection for transgender employees who claim discrimination in the workplace.

In a brief Friday filed in the Supreme court, the trump administration is taken against the position of the Equal Employment Opportunity Commission (EEOC), the support was a transgender-employees-in their lawsuit against Michigan funeral home.


The judges hear a few arguments Oct. 8, whether the federal Civil Rights Act (Title VII laws allow you to sue LGBTQ workers, for job discrimination. In the Federal courts were divided into two groups, whether or not such protection is not to apply the measures of the Congress, mentioning specifically that the class of persons, when the law was passed, more than five decades.

The cases involve challenges by gay men in Georgia and New York, and a separate case involving a Detroit-area funeral homes, the termination of a longtime employee after she began the transition. Aimee Stephens you first took the complaint to the EEOC, which ruled in her favor, as a Federal appeals court in Cincinnati.

The funeral home argued in part that Congress was not thinking about transgender, if there is discrimination because of sex in title VII.

In its filing with the high court on Friday, the Ministry of justice of the dispute over the boundaries of the definition of “sex said,”.

“Transgender plaintiffs, therefore, not rule a title VII claim simply by showing that an employer relied on gender stereotypes,” said the administration.

The plaintiff must prove that the employer treated similarly situated to the members of the other sex is cheaper.

“Like any other plaintiff, a transgender person may make of evidence of gender stereotyping to the show,” wrote the DOJ. “But the individual’s transgender status does not change the statutory standard. Here, Harris homes does not discriminate against Stephens is based on sex-stereotypes in violation of title VII. It ends Stephens for refusing compliance with Harris Homes’ sex-dress code.”


Sources told Fox News that the justice Department had tried for weeks to change the EEOC, his official position, and the support of the new brief, however, that a majority of the members of the Commission had rejected.

It is an unusual dynamic that potentially two Federal entities, which are opposite each other, in front of the court. It was unclear whether the EEOC to clarify, would, their own legal position by the Supreme court.

The Trump administration’s position is a setback for LGBTQ rights. Officials are also asking for the courts to enforce its prohibition on transgender people in the U.S. military.

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