DOJ Reverses Stance On Transgender Workplace Protections
Associate Evan Gibbs’ recent byline in Above the Law covers the Oct. 4 memo issued by Attorney General Jeff Sessions that reverses the Department of Justice’s stance on transgender workplace protections. Gibbs writes, “The memo explains that the Justice Department’s position is now that ‘sex,’ as used in Title VII, means only ‘biologically male or female.’ The memo is directed to all U.S. Attorneys and heads of federal agencies. This means that the Department of Justice will take this position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review).” Gibbs concludes by writing, “It is unclear when this issue will reach SCOTUS for resolution. Until then, however, we will continue to see a confusing and contradictory approach applied by the EEOC and the Department of Justice.”