Case: Macy v. Holder

Agency No. ATF-2011-00751 | No Court

Filed Date: Dec. 9, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

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 c…

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.

Summary Authors

Susie Choi (2/17/2017)

Documents in the Clearinghouse

Document

Decision

2012 WL 1435995

April 20, 2012 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 9, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Transgender private plaintiff

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

Litigation

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Hiring

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation