Title VII and Transgender Employment Discrimination Research Paper by JCowie024

Title VII and Transgender Employment Discrimination
A look at how transgender individuals are not protected under Title VII.
# 151972 | 6,540 words | 20 sources | APA | 2012 | US
Published on Nov 04, 2012 in Law (Civil) , Gender and Sexuality (Transgender) , Labor Studies (General)

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This paper argues that a growing body of evidence suggests that transgender individuals frequently experience some type of discrimination during the employment process. The paper further notes that although only a few high-profile cases currently exist, a significant number of discriminatory employment claims being asserted. Various statistics are presented about the number of discrimination charges that have been filed with the Equal Employment Opportunity Commission (EEOC) since 1994. Then, the paper highlights how Title VII of the Civil Rights Act of 1964 attempts to regulate discrimination in the workplace but falls short as it only protects certain classes of individuals. Quotes from legals texts are included to illustrate anti-discrimination law. The paper concludes by stating that research shows that although Title VII protections have not been formally extended to the transgender community, several recent precedential court decisions concerning transgender-related personnel practices make it clear that these individuals are entitled to enjoy the same protections as other American citizens with respect to Title VII protections. Therefore, it is recommended that until specific provisions are made for this subgroup in proposed legislation such as the Employment Non-Discrimination Act (ENDA).


History of the Law
Issue Synopsis
Background and Significance
Cost of the Problem
Current Enforcement Methodologies
Case Study and Analysis
Assessment of Laws and Regulations

From the Paper:

"Immediately following the end of the Civil War and again in 1957 and 1964, the United States has enacted a series of civil rights acts that have affected the American workplace in fundamental ways. Of particular interest to this study is Title VII of the Civil Rights Act of 1964, which is perhaps the best known of all the federal laws prohibiting employment discrimination. According to Black's Law Dictionary, the Civil Rights Act of 1964 is a "the federal statute intended to implement and give further force to basic personal rights guaranteed by Constitution. The Act prohibits discrimination based on race, color, age, or religion" (p. 246). As amended, the Act also prohibits discrimination on the basis of national origin (Condrey, 2005). In sum, Title VII applies to all personnel functions including hiring, firing, compensation, promotion, classification, training, apprenticeship, employment referrals, union membership, and the terms, conditions, and privileges of employment. In addition, under Title VII, it is illegal to harass employees because of their sex, race, color, religion, or national origin (Condrey, 2005). Notwithstanding this progress in promoting the civil rights of all Americans, some groups continue to experience discrimination in the workplace because they are not considered a protected class as discussed further below."

Sample of Sources Used:

  • Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
  • Burns, C. (2012). The Costly Business of Discrimination: The Economic Costs of Discrimination and the Financial Benefits of Gay and Transgender Equality in the Workplace. Retrieved from: http://www.americanprogressaction.org/wp- content/uploads/issues/2012/03/pdf/lgbt_biz_discrimination.pdf
  • Condrey, S. E. (2005). Handbook of human resources management in government.
  • Christensen, J. (2008, December 2). Sex. gender. Employment discrimination: One woman's successful lawsuit against the Library of Congress could spell more legal victories for transgender employees across the country. The Advocate, 1020, 21.
  • Department of Health, Education and Welfare. "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance." 45 CFR 84.1 et seq. Code of Federal Regulations, 1977, vol. 45, sec. 84.1 et seq.

Cite this Research Paper:

APA Format

Title VII and Transgender Employment Discrimination (2012, November 04) Retrieved December 02, 2023, from https://www.academon.com/research-paper/title-vii-and-transgender-employment-discrimination-151972/

MLA Format

"Title VII and Transgender Employment Discrimination" 04 November 2012. Web. 02 December. 2023. <https://www.academon.com/research-paper/title-vii-and-transgender-employment-discrimination-151972/>