The Equal Employment Opportunity Commission (EEOC) has ruled that employment discrimination based on gender identity is covered by Title VII of the Civil Rights Act. From Metro Weekly:
The EEOC decision, issued without objection by the five-member, bipartisan commission, will apply to all EEOC enforcement and litigation activities at the commission and in its 53 field offices throughout the country. It also will be binding on all federal agencies and departments.
In the decision, the EEOC states, ”[T]he Commission hereby clarifies that claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII’s sex discrimination prohibition ….”