Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a Michigan funeral home, and the other is against a medical clinic in Lakeland, Florida. Both cases appear to involve straightforward discrimination allegations: employees who presented as males when hired were terminated after they disclosed that they would be going through the gender reassignment process and began dressing as females. The Michigan lawsuit also alleges that men received clothing allowances, while women did not.
The Bloomberg BNA article notes that Michigan is in the Sixth Circuit and Florida is in the Eleventh, and both of these circuits have already held that gender identity discrimination is a type of sex discrimination prohibited by Title VII.