The evolving issue of workplace discrimination against transgender employees is expanding legal definitions of sex discrimination in some jurisdictions. While no federal law protects transgender people from discrimination, some courts are siding with transgender employees who stake a claim based on sexual stereotyping.
In Glenn v. Brumby, the 11th Circuit in December 2011 affirmed a district court’s ruling in favor of a transgender plaintiff based on sexual stereotyping. The plaintiff alleged discrimination under the Equal Protection Clause, which applies only to suits against the government, but the decision is expected to have implications for Title VII litigation brought against private employers as well.
