by Katie Eyer, Associate Professor at Rutgers Law School
*Professor Eyer’s Issue Brief on this subject, Sex Discrimination Law and LGBT Equality is available on the ACS website. A separate blog post by Professor Eyer addresses the Sixth Circuit’s analysis of the RFRA defense raised by the employer in this case, and is available here.
Almost 15 years ago, the Sixth Circuit became the first Circuit Court in the country to find that discrimination against a transgender employee was sex discrimination in violation of Title VII. In remarkably straightforward reasoning for its time, the Court observed that: