Sixth Circuit Decides Influential Transgender Case

Recently, the Sixth Circuit Court of Appeals unanimously ruled that religious beliefs do not permit employers to discriminate against transgender employees, finding that a violation of Title VII.

At the beginning of March, 2018, the Sixth Circuit Court of Appeals unanimously ruled in the case of EEOC v. R.G. & G.R. Harris Funeral Homes Inc. that discrimination based on transgender status violates Title VII prohibitions against sex-based discrimination.  

How the Case Arose

This case was initiated when the Equal Employment Opportunity Commission initiated action against a funeral home for terminating a transgender employee after the worker disclosed that she was transitioning from male to female status and planned to dress as a woman at work.

The Argument Raised by the Funeral Home

The funeral home argued that letting the worker dress as a woman constituted a violation of the Religious Freedom Restoration Act, which prohibits the government from enforcing a religiously neutral law provided that the law substantially burdens a worker’s religious exercise and is not the least restrictive way to further a compelling government interest.

The Lower Court’s Decision in the Case

The lower court had found direct evidence to support a sex discrimination claim but not a transgender discrimination claim. The court found that the Equal Employment Opportunity Commission’s compelling interest was making sure that the worker was not subject to gender stereotypes in the workplace in regards to required clothing at the funeral home. The court also found that a gender neutral dress code was a less restrictive way to achieve the same compelling interest.

The court responded by granting summary judgment in favor of the funeral home based on its Religious Freedom Restoration Act argument.

The Sixth Circuit’s Decision

The Sixth Circuit reversed the lower court’s decision by holding that Title VII protects transgender and transitioning status discrimination which involves discrimination on the basis of a person’s sex. The court also rejected the funeral home’s argument and found that neither customer preferences nor potential violations of the funeral home owner’s religious beliefs were a substantial burden on religious exercise. The court also added that the Equal Employment Opportunity Commission has a broad compelling interest in eliminating workplace discrimination, which cannot be achieved by anything less restrictive than enforcement of Title VII.  

The Future of Title VII Protections

In making this decision, the Sixth Court relied on analysis by the Second Circuit and Seventh Circuit, which both recently held that Title VII prohibits discrimination on the basis of someone’s sexual orientation.

There are now three federal appellate courts that view sexual orientation and gender identity as protected identities under Title VII. Employers in all states due to these laws should make sure that their employment policies take these changes into consideration. It remains uncertain exactly how the rest of the federal courts will rule on this issue, but the U.S. Supreme Court will most likely have the final say.

Continue Reading the Universal Life Church’s Blog

It is the goal of the Universal Life Church’s blog to document how these changes in LGBTQ rights occur. While the body of law and cases involved in Title VII are frequently very complicated, our blog is focused on explaining matters in a way that can keep our readers well informed.

(image courtesy of Ben White)