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Sessions reverses DOJ stance on discrimination protection for transgender workers

[JURIST] US Attorney General Jeff Sessions [official profile] sent a memo [text, PDF] to US Attorneys Wednesday stating that Title VII's prohibition on sex discrimination does not extend to discrimination based on gender identity.

Accordingly, Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status. Therefore, as of the date of this memorandum, which hereby withdraws the December 15, 2014, memorandum, the Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which even the issue should be preserved for potential further review).
The new policy reversed the policy [text, PDF] articulated [press release] by former Attorney General Eric Holder in 2014.

Sessions' memo will impact how the DOJ will argue future cases, and could potentially bring the DOJ in conflict with current trends in the court system The Equal Employment Opportunity Commission also currently interprets Title VII [press release] to protect against discrimination based on gender identity or sexual orientation.

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