The Equal Employment Opportunity Commission filed a lawsuit in the Sixth Circuit challenging the termination of a funeral home employee who was biologically male but transitioning to female. He claims he was unlawfully terminated on the basis of his sex. The funeral home argued that requiring it to retain a transgender employee constituted a substantial burden on the funeral home owner’s sincerely held religious beliefs.
Circumstances Surrounding the Transgender Employee’s Termination
The employee, in this case, was born a male and when he was hired he lived
and presented himself as a man. He worked as a funeral director at a for-profit
funeral home. According to the complaint, he was terminated after he notified
his employer that he was transitioning to female and started presenting
himself as a woman. This included dressing as a woman while at work.
During the investigation by the EEOC, it was discovered that the funeral
home provided clothing for its male employees who worked with the public
but did not make the same provisions for female employees. Consequently,
the employee would lose this benefit when he transitioned to female.
Discrimination Claims Brought by the EEOC
The EEOC’s lawsuit alleged that the funeral home violated Title
VII by terminating the employee’s employment based on his status
as transgender or transitioning and his refusal to conform to stereotypes
based on sex. The EEOC also alleged that its clothing allowance policy
was discriminatory based on sex.
The funeral home refuted the claims, arguing that its requirement that
Plaintiff complies with its gender-based dress code resulted in the same
burden on both male and female employees. The funeral home also argued
that it should not be required to employ a man who dresses and represents
himself as a woman because of the funeral home owner’s religious beliefs.
Court of Appeals Reverses Trials Court’s Dismissal of Claims
Despite the fact that the federal district court granted summary judgment
dismissing the employee’s claims, the Court of Appeals reversed
the decision. Instead, the appellate court determined that the employee’s
termination constituted unlawful discrimination based on sex and there
was no evidence that the funeral home owner’s right to exercise
their religious beliefs were being unduly burdened.
For transgender employees who believe they have been the victim of workplace
discrimination, especially those who live in a state that does not have
a specific law protecting them from such discrimination, it is very important
to consult with an employment law attorney who is familiar with this area
of the law, and can suggest possible theories to pursue, based on your
situation.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced Birmingham employment law attorneys
at Michel | King . You can contact us either online or by calling
us at (205) 265-1880. We are here to serve you!