Reversing Obama-Era Policy Position, Attorney General Sessions Issues Memo to Justice Department Personnel Advising That Gender Identity Discrimination Is Not Prohibited by Title VII

In an about face from a 2014 position adopted by the Obama Administration, U.S. Attorney General Jeff Sessions has issued an internal memorandum to Department of Justice (DOJ) personnel announcing that as a matter of enforcement policy, Title VII’s prohibition against sex discrimination does not extend to discrimination based on gender identity.

As a practical matter, the change in policy will directly impact DOJ’s processing of Title VII claims within its jurisdiction, namely those against state and local government employers. And although DOJ’s new position does not directly impact the Equal Employment Opportunity Commission’s (EEOC’s) contrary position regarding Title VII’s coverage of private employers or the prohibitions in Executive Order 11246 against discrimination based on sexual orientation or gender identity by federal contracts, its potential broader impact is yet to be determined.  

Members of the Center for Workplace Compliance (CWC) can read more here.