Federal Law Currently Provides Only Limited Protection to Transgender People
Although Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in the workplace, most federal courts have held that Congress did not intend this to include gender identity or sexual orientation. [1] Recently, some federal courts have recognized that sex discrimination can involve gender stereotyping and that a 1964 understanding of the term “sex” should not necessarily control how the law is construed today. [2] In addition, no federal coverage is provided by the Americans With Disabilities Act (ADA). In enacting ADA, Congress specifically exempted the transgender community from coverage.
References:
1. Ulane v. Eastern Airlines Inc., 742 F.2d 1081 (7th Cir. 1984); Somers v. Budget Marketing, 667 F.2d 748 (8th Cir 1982); Ranch Mart Hardward Inc., 881 F.Supp. 478 (D.Kan 1995); Powell v. Read's Inc., 436 F. Supp. 369 (D. Md. 1977); Voyles v. Ralph K. Davies Medical Center, 403 F. Supp. 456 (N.D. Calif. 1975).
2. Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); Schwenk v. Hartford, 204 F.3d 1187, 1202 (9th Cir. 2000).