Filed Date: Dec. 9, 2011
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On December 9, 2011, a transgender employee filed this appeal of this equal employment opportunity complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964.
In December 2010, the complainant applied for a position at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATFE”) while still presenting as male. The complainant alleged that he had been assured that he would receive the position, assuming there were no problems with the background check. On April 3, 2011, the complainant informed the hiring process agency of her change in name and gender. Five days later, she was notified that the position had become unavailable due to budget restrictions. AFTE’s EEO counselor told her that someone else has been hired for the position.
On June 13, 2011 the complainant filed a discrimination complaint against the ATFE on the basis of sex, gender identity and sex stereotyping. The AFTE agreed to process the claim “based on sex” under Title VII and EEOC regulations, and the claim based on “gender identity stereotyping” under the AFTE’s own “policy and practice.”
The complainant filed this appeal to the EEOC, alleging that EEOC had jurisdiction over her entire claim and that the ATFE should investigate, under Title VII and EEOC regulations, her discrimination claim based on her gender identity, change of sex, and/or transgender status.
On April 20, 2012, the EEOC held that AFTE mistakenly separated the complainant’s complaint into one based on sex and another on and gender identity, holding that the "statute's protections sweep far broader than that, in part because the term "gender"
encompasses not only a person's biological sex but also the cultural and social aspects
associated with masculinity and femininity" and that a transgender person who experienced discrimination based on one’s gender identity has a cognizable claim under Title VII. 2012 WL 1435995.
The EEOC reversed and remanded this case to the AFTE for further processing as a Title VII sex discrimination claim.
Susie Choi (2/17/2017)
Last updated May 11, 2022, 8 p.m.Docket sheet not available via the Clearinghouse.
State / Territory: California
Filing Date: Dec. 9, 2011
Case Ongoing: Yes
A Transgender private plaintiff
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Special Case Type(s):
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief: