Bloomberg Law
Oct. 24, 2018, 8:02 PMUpdated: Oct. 24, 2018, 8:41 PM

DOJ: Businesses Can Discriminate Against Transgender Workers (1)

Chris Opfer
Chris Opfer
Labor and Employment Deputy Team Lead

The Justice Department today told the U.S. Supreme Court that businesses can discriminate against workers based on their gender identity without violating federal law.

Solicitor General Noel Francisco told the high court that a civil rights law banning sex discrimination on the job doesn’t cover transgender bias. That approach already has created a rift within the Trump administration, contradicting the Equal Employment Opportunity Commission’s view of the law it’s tasked with enforcing.

A Michigan funeral home wants the high court to overturn a U.S. Court of Appeals for the Sixth Circuit decision finding that the company violated federal workplace discrimination ...

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