Transgender Bias at Work Not Banned by Law, DOJ Tells Justices

The Justice Department told the U.S. Supreme Court businesses can discriminate against transgender workers without violating federal civil rights law, cementing the stance the government will take in upcoming oral arguments.

Solicitor General Noel Francisco and other Justice Department attorneys said Aug. 16 that Congress didn’t intend to include transgender status when it passed Title VII of the 1964 Civil Rights Act, and the law’s ban on discrimination because of “sex” referred to unequal treatment of men and women in the workplace. The brief to the justices also argues that Congress hasn’t passed attempts to add gender identity to the ...