University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Macy v. Holder EE-CA-0354
Docket / Court Agency No. ATF-2011-00751 ( No Court )
State/Territory California
Case Type(s) Equal Employment
Case Summary
On December 9, 2011, a transgender employee filed this appeal of this equal employment opportunity complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964.

In December 2010, the complainant applied for a position at the Bureau of Alcohol, ... read more >
On December 9, 2011, a transgender employee filed this appeal of this equal employment opportunity complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964.

In December 2010, the complainant applied for a position at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATFE”) while still presenting as male. The complainant alleged that he had been assured that he would receive the position, assuming there were no problems with the background check. On April 3, 2011, the complainant informed the hiring process agency of her change in name and gender. Five days later, she was notified that the position had become unavailable due to budget restrictions. AFTE’s EEO counselor told her that someone else has been hired for the position.

On June 13, 2011 the complainant filed a discrimination complaint against the ATFE on the basis of sex, gender identity and sex stereotyping. The AFTE agreed to process the claim “based on sex” under Title VII and EEOC regulations, and the claim based on “gender identity stereotyping” under the AFTE’s own “policy and practice.”

The complainant filed this appeal to the EEOC, alleging that EEOC had jurisdiction over her entire claim and that the ATFE should investigate, under Title VII and EEOC regulations, her discrimination claim based on her gender identity, change of sex, and/or transgender status.

On April 20, 2012, the EEOC held that AFTE mistakenly separated the complainant’s complaint into one based on sex and another on and gender identity, holding that the "statute's protections sweep far broader than that, in part because the term "gender"
encompasses not only a person's biological sex but also the cultural and social aspects
associated with masculinity and femininity" and that a transgender person who experienced discrimination based on one’s gender identity has a cognizable claim under Title VII. 2012 WL 1435995.

The EEOC reversed and remanded this case to the AFTE for further processing as a Title VII sex discrimination claim.

Susie Choi - 02/17/2017


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Issues and Causes of Action
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Issues
Discrimination-area
Hiring
Discrimination-basis
Gender identity
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Special Case Type
Out-of-court
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Department of Justice
Plaintiff Description A Transgender private plaintiff
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief None yet
Source of Relief Litigation
Case Ongoing Yes
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Decision (2012 WL 1435995)
EE-CA-0354-0001.pdf | WESTLAW | External Link | Detail
Date: 04/20/2012

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