Health Care

Federal court rules transgender people covered by law banning workplace sex bias

Federal court rules transgender people covered by law banning workplace sex bias

On Wednesday, the 6th U.S. Circuit Court of Appeals ruled that a MI funeral home had unlawfully discriminated against a transgender employee when it fired her after she informed her employer that she would be presenting as a woman, in accordance with her gender identity.

The claimant inEEOC v. R.G. & G.R. Harris Funeral Homes Inc.

Whether Title VII anti-discrimination laws in employment extend to sexual orientation and gender identity is an issue that's been has been widely disputed.

"Aimee Stephens had worked diligently for this funeral home for six years".

The 6th U.S. Circuit Court of Appeals rejected an earlier court's decision that funeral home owner Thomas Rost did not violate the Civil Rights Act of 1964, according to The Washington Times.

She was sacked about two weeks later, with the company's owner stating that "what she was proposing to do" was unacceptable, according to the ruling.

But Moore discounted Rost's explanation that "the Bible teaches that a person's sex (whether male or female) is an immutable God-given gift and that it is wrong for a person to deny his or her God-given sex" and that "the Bible teaches it is wrong for a biological male to deny his sex by dressing as a woman".

The EEOC learned that the funeral home, until fall 2014, provided clothing to male workers dealing with the public but not females. & G.R. Harris Funeral Home discriminated against director Aimee Stephens, formerly Anthony Stephens, by firing her in 2013.

The case has been remanded to district court where further proceedings will be consistent with the latest ruling.

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One such spell was delivered by Proteas champion Dale Steyn the last time these two teams met in Port Elizabeth four years ago. Paine's instincts told him to come up to the stumps to all-rounder Mitchell Marsh in a bid to find a way through Markram.

Thus, even if we agreed with the Funeral Home that Rost's religious exercise would be substantially burdened by enforcing Title VII in this case, we would nevertheless REVERSE the district court's grant of summary judgment to the Funeral Home and hold instead that requiring the Funeral Home to comply with Title VII constitutes the least restrictive means of furthering the government's compelling interest in eradicating discrimination against Stephens on the basis of sex. In a written statement, he said the Sixth Circuit opinion "re-writes federal law and is directly contrary to decisions from other federal appellate courts".

American business owners, especially those serving the grieving and the vulnerable, should be free to live and work consistently with their faith.

In a statement, Alliance Defending Freedom (ADF), which represented the funeral home, said it is consulting with its client and considering their option for an appeal. Today's decision misreads court precedents that have long protected businesses which properly differentiate between men and women in their dress and grooming policies.

"[The Department of Justice] has been rebuffed at every turn with how to apply anti-discrimination law", he said.

"Binding 6th Circuit precedent establishes that any person without regard to labels such as transgender can assert a sex-stereotyping gender discrimination claim under Title VII ... if that person's failure to conform to sex stereotypes was the driving force behind the termination", Judge Cox ruled.

The ruling, which also revived EEOC claims that the funeral home's employee dress code is sexually discriminatory, was lauded by LGBT rights advocates.

The dress code, according to the appeals ruling, required men to wear suits and ties and women to wear skirts and business jackets.

Expand | Collapse (Photo: RG&GR Harris Funeral Homes) Tom Rost, president and owner of the R.G.


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