William & Mary Journal of Race, Gender, and Social Justice


State and federal employment anti-discrimination statutes have failed to adequately protect transsexual and transgendered individuals in the workplace. Although advancements have been made in recent years regarding the protection of sexual minorities, transsexual and transgendered employees continue to receive sporadic and noncomprehensive protection. Various approaches have been taken to extend protection against discrimination to these individuals, including the utilization of disability protection statutes, the expansion of anti-discrimination statutes, and the protection of transsexual and transgendered individuals as a class; however, these approaches have proven flawed in providing adequate protection.

An examination of anti-discrimination law shows that these measures, while perhaps desirable, are not necessary to protect transsexual and transgendered persons. This Article argues that existing legislation already provides a basis for protecting these minorities. That is, courts should recognize discrimination against transsexual and transgendered individuals as classic sex discrimination under Title VII of the Civil Rights Act of 1964 and corresponding state anti-discrimination statutes.