Transgender Woman Denied Free Breast Cancer Screening

[Zorra]

2. Transgender women are classified as female by both the Social Security Administration

for Social Security identification purposes, and by the Department of State on passports, given that the transgender woman has taken appropriate steps to have her gender identification marker changed with these agencies.

Also, transgender women are federally protected from employment discrimination under Title VII of the Civil Rghts Act of 1964. It is my understanding that they are not protected as transgender, but as women.

Title VII

Title VII of the Act, codified as Subchapter VI of Chapter 21 of title 42 of the United States Code, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see 42 U.S.C. § 2000e-2[39]). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section under 42 U.S.C. §2000e(b). Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage.

http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title_VII

Recently, in
Macy v. Holder
,
7
the EEOC held that claims of
transgender discrimination are cognizable under Title VII of the Civil
Rights Act of
1964
,
8
which prohibits employment discrimination be-
cause of sex.
9
Though the EEOC recognized that transgender women
are women, it articulated theories of discrimination that are in tension
with that recognition. Further, it overlooked a text-based approach to
including transgender discrimination within the scope of Title VII that
courts have not yet considered: th
at transgender discrimination is
based on sex because it is rooted in
aversion to or assumptions about
biological sex characteristics

(This is a pdf file)

http://www.harvardlawreview.org/media/pdf/vol126_macy_v_holder.pdf

This will be an interesting and possibly a landmark case, I hope we beat the fascists again.

Thanks for posting this!