Summary of Article Macy & holder
Complainant,
V.
Eric Holder,
Attorney General,
(Bureau of Alcohol, Tobacco, Firearms and Explosives),
Agency.
Short Description of the Case
The complainant was denied employment by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Walnut Creek Lab despite having the required qualifications. She was interviewed by the director of Walnut Creek Lab. The director told her that she would be hired after the lab conducts some background checks. At this time, Macy (complainant) was presenting herself as a man. However, as the process of background check was going on, she started her transition from male to female. She called her prospective employer and informed them of her gender transition.
She received an email of regret, five days after informing the employer of the gender transition, informing her that the position was no longer available. The lab had decided not to recruit anyone for the position as a result of federal budget cuts. Macy filed a complaint with EEOC because she believed she had been discriminated. (Equal Employment Opportunity Commission, 2012)
Defendant Argument
Macy was denied the position because another person was further along in the background check clearance process. Thus, the lab settled on another applicant. This reason contradicted the reason stated in the regret email sent to the complainant.
Plaintiff Argument
She was not hired because the prospective employer realized she was in process of changing from male to female. Besides, the verbal promise made by the lab director indicated she had passed the interview. Thus, she had been discriminated.
Decision Made
Despite the prospective employer changing the reason for not employing Macy, EEOC could not fully investigate her claim. EEOC representative informed Macy that EEOC handles discrimination complaints ‘based on her as a female.' Thus, she was advised to file a gender identity claim with DOJ. Macy, however, considered sex discrimination definition by EEOC’s quite narrow and appealed its assessment. EEOC reconsidered its position and broadened its spectrum of sex discrimination under Civil Rights Acts to include gender issues. On appeal, EEOC recommended the case for investigation. According to the ruling, discrimination against transgender persons is discrimination barred by Title VII.
References
Equal Employment Opportunity Commission. (2012). Retrieved February 04, 2017, from
https://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt
