Saks Fifth Avenue Says Trans Identity Is Not Protected

Leyth Jamal, a transgender female, filed a federal lawsuit against Saks Fifth Avenue, claiming she was exposed to a hostile work environment when she was employed there.  On December 29, 2014, Saks filed a motion to dismiss the case, arguing that trans identity is not protected under the law.  The Department of Justice has recently taken the stance that anti-trans discrimination illegal under Title VII of the Civil Rights Act.  In 2012, the EEOC also held that transgender discrimination (also known as gender identity discrimination) is unlawful.  See Macy v. Department of Justice, EEOC Appeal No. 0120120821 (April 20, 2012).  Those agency rulings, however, are not necessarily binding on the court.  This case will be one to watch.