Catherwood LibraryILR School

In a recent letter of determination, the Equal Employment Opportunity Commission found that Sam’s Club violated Title VII when it denied Jessica Robison medical coverage for being a transgender woman. It also stated that Sam’s Club additionally subjected her to harassment, forced demotion, and working in a hostile environment. If conciliation fails between Sam’s Club and Robison, the Transgender Legal Defense and Education Fund has expressed a willingness to take the issue to court. The Department of Justice recently argued in a brief for the U.S. Court of Appeals that Title VII only protects unequal treatment of men and women in the workplace, and that discrimination based on gender identity or sexual orientation is not a form of sex discrimination. The EEOC’s letter has reaffirmed their longstanding position that discrimination based on gender identity or sexual orientation is protected under Title VII.