## Facts

- Mia Macy, a transgender woman and former police detective trained and certified as a NIBIN operator, applied for a contractor ballistics technician position at an ATF crime lab while presenting as male.
- The lab director allegedly told Macy the position was hers pending completion of a background check, and background-check paperwork was initiated through a contractor.
- After Macy disclosed that she was transitioning and that ATF had been informed of her change in name and gender, she was told the position was no longer available due to budget reductions.
- An EEO counselor later informed Macy that the position had not been eliminated and had been filled by another candidate; Macy alleged the stated reason for non-selection was pretext.
- Macy filed an EEO complaint alleging discrimination based on sex (female), gender identity, and sex stereotyping.
- ATF split the complaint, processing only the “sex” claim under Title VII while treating gender-identity-related allegations under internal DOJ policies outside the Title VII/EEOC process.

## Issues

1. Whether allegations of non-selection because an individual is transgender, has a particular gender identity, or is transitioning state a claim of discrimination “because of sex” under Title VII.
2. Whether the agency may exclude gender-identity- and transgender-status-based allegations from Title VII processing and remedies by routing them into internal agency procedures.

## Decision

- The EEOC reversed ATF’s decision to process only part of the complaint under Title VII.
- The EEOC held that claims of discrimination based on transgender status (gender identity discrimination) are cognizable as sex discrimination under Title VII.
- The EEOC remanded the matter and directed ATF to process all allegations (gender identity, change of sex, and transgender status) as a single Title VII sex-discrimination complaint.
- The EEOC did not decide whether discrimination occurred on the merits; it decided only the proper legal characterization and processing framework.

## Legal Principles

- Title VII’s prohibition on discrimination “because of … sex” includes discrimination because an individual is transgender, because of gender identity, or because the individual has transitioned or is perceived as transitioning.
- Discrimination against a transgender person can constitute sex discrimination under a sex-stereotyping theory: adverse action based on expectations about how persons assigned a sex at birth should identify or present violates Title VII.
- Discrimination because a person is transgender is inherently sex-based because it necessarily involves consideration of sex assigned at birth and the individual’s gender identity or transition.
- Federal agencies must process such allegations through Title VII procedures and remedies rather than excluding them from Title VII by relabeling them as non-Title VII “gender identity” claims.

## Conclusion

The EEOC concluded that discrimination based on transgender status or gender identity is discrimination because of sex under Title VII, requiring federal agencies to treat such allegations as Title VII sex-discrimination claims and to provide full Title VII procedural protections and remedies.


Macy v. Holder, EEOC Appeal No. 0120120821 (Apr. 20, 2012)