EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. - 100 F. Supp. 3d 594 (E.D. Mich. 2015)

Rule:

Even though transgender/transsexual status is currently not a protected class under Title VII, Title VII nevertheless "protects transsexual persons from discrimination for failing to act in accordance and/or identify with their perceived sex or gender." 

Facts:

The United States Equal Employment Opportunity Commission (the "EEOC") brought this employment discrimination action against R.G. & G.R. Harris Funeral Home, Inc. ("the Funeral Home") asserting two claims against the Funeral Home. First, it asserted a Title VII claim on behalf of the Funeral Home's former Funeral Director/Embalmer Stephens, who is transgender and is transitioning from male to female. The EEOC asserted that the Funeral Home's decision to fire Stephens was motivated by sex-based considerations, in that the Funeral Home fired Stephens because Stephens is transgender, because of Stephens's transition from male to female, and/or because Stephens did not conform to the defendant employer's sex- or gender-based preferences, expectations, or stereotypes. Second, the EEOC asserted that the Funeral Home engaged in an unlawful employment practice in violation of Title VII by providing a clothing allowance/work clothes to male employees but failing to provide such assistance to female employees because of sex. This second claim appeared to be brought on behalf of an unidentified class of female employees of the Funeral Home. The Funeral Home filed a Motion to Dismiss, pursuant to Fed. R. Civ. P. 12(b)(6). 

Issue:

Did the EEOC's complaint state a Title VII claim against the Funeral Home on behalf of Stephens?

Answer:

Yes.

Conclusion:

The court denied the Funeral Home’s Motion to Dismiss. The Court concluded that the EEOC's complaint stated a Title VII claim against the Funeral Home on behalf of Stephens. The transgender status is not a protected class under Title VII. Thus, if the EEOC's complaint had alleged that the Funeral Home fired Stephens based solely upon Stephens's status as a transgender person, then this Court would agree with the Funeral Home that the EEOC's complaint fails to state a claim under Title VII. But the EEOC's complaint also asserted that the Funeral Home fired Stephens "because Stephens did not conform to the [Funeral Home's] sex- or gender-based preferences, expectations, or stereotypes." And binding Sixth Circuit precedent establishes that any person — without regard to labels such as transgender — can assert a sex-stereotyping gender-discrimination claim under Title VII, under a Price Waterhouse theory, if that person's failure to conform to sex stereotypes was the driving force behind the termination. The court, therefore, concluded that the EEOC's complaint stated a claim as to Stephens's termination.