HRC condemned the Department of Justice’s brief submitted this afternoon arguing that transgender people are not protected by Title VII’s prohibition on sex discrimination. This brief was submitted to the U.S. Supreme Court in the case EEOC v. Harris Funeral Homes.

“The Trump-Pence administration’s filing today is both legally and morally unjustifiable,” said HRC Legal Director Sarah Warbelow.  “Their argument is un-American, anti-business, and flies in the face of decades of federal case law, including established Supreme Court precedent. There can be no justification for such a narrow interpretation of the term ‘sex.’ Our community will not be silent, and we will not be erased.” 

This July, in this case and two related filings, HRC, Lambda Legal, Out & Equal, Out Leadership, and Freedom for All Americans submitted a “friend of the court” brief signed by over 200 major corporations arguing that LGBTQ people should be understood to be protected under Title VII. The landmark brief had more corporate signers than any previous business brief in an LGBTQ non-discrimination case.

For more information on the development of federal law on regarding the term “sex” please see HRC’s sex discrimination report.