The Department of Justice (DOJ) announced that for purposes of its own position in litigation, its definition of sex discrimination under Title VII will include discrimination on the basis of gender identity, which includes transgender status.

As a result, the DOJ and its attorneys are now barred from arguing in court that transgender employees are not a protected class under Title VII. The DOJ, however, lacks authority to file suit against private employers alleging gender identity discrimination.

For more information on Gender Identity Discrimination, see Practice Note: State Sexual Orientation and Gender Identity and Expression Discrimination Laws Chart: Overview.