EEOC and DOJ Disagreement Headed to Supreme Court

The Equal Employment Opportunity Commission and US Department of Justice go head to head on whether Title VII applies to discrimination against individuals based on gender identity. The case in question began when the EEOC filed a suit against RG and GR Harris Funeral Homes, Inc, which terminated an employee because she wished to present as female at work. The funeral home considered her to be in violation of the company’s dress code. In October 2017, the attorney general announced the DOJ would no longer consider Title VII to prohibit discrimination based on gender identity. The EEOC, however, has continued to bring Title VII cases of discrimination based on gender identity. This remains one of two hot button cases involving Title VII before the Supreme Court this year.