The EEOC held today, in Macy v. Holder (April 20, 2012), that discrimination based on gender identity, change of sex, and/or transgender status is discrimination on the basis of sex, is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. section 2000 et seq. The complainant, Mia Macy, is a transgender woman who worked as a police detective in Phoenix, Arizona. In December 2010, Macy applied for an opening within the Bureau of Alcohol, Tobacco, Firearms and Explosives Agency at a crime lab. Macy was still known as a male at the time of her application, having not yet made the transition to being a female. The Director of the crime lab told Macy she would be able to have the position assuming no problems arose during her background check. Shortly thereafter, Macy informed the crime lab that she was in the process of transitioning from male to female. Five days later, Macy received an email stating that the position she applied for was no longer available due to federal budget reductions. Macy was advised by an EEO counselor that the position was filled by another individual whose background check was further along. The EEOC, consistent with federal court decisions that have recognized a "sex stereotyping" theory (where individuals act or appear to act in gender-nonconforming ways) as sex discrimination, held that claims of discrimination based on gender identity are also cognizable under Title VII's sex discrimination prohibition. "When an employer discriminates against someone because the person is transgender, the employer has engaged in disparate treatment 'related to the sex of the victim.'"
