Eric Holder's Transgendered Mutilation of Title VII

In a remarkable action yesterday, Attorney General Eric Holder declared that the "most straightforward reading" of Title VII's bar on discrimination "because of a sex"-indeed, the "plain meaning" of its text-is that it bars discrimination "based on gender identity, including transgender status," and that DOJ will henceforth adopt that reading. In a fog of wordplay divorced from any plausible account of the original meaning of Title VII, Holder asserts that "Title VII's prohibition against discrimination 'because of a sex' encompasses discrimination founded on sex-based considerations , including discrimination based on an employee's transitioning to, or identifying as, a different sex altogether."



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