Boston Herald

Rule on transgende­r bias axed

Sessions ends Obama-era policy

- By KIMBERLY ATKINS

WASHINGTON — The U.S. Justice Department reversed an Obama-era federal policy barring discrimina­tion against transgende­r people in the workplace — a move civil rights advocates charged as part of systematic Trump administra­tion efforts to roll back protection­s for LGBT Americans.

But Attorney General Jeff Sessions said the policy, which included transgende­r employees under the Civil Rights Act’s prohibitio­n of sex discrimina­tion, did not adhere to the letter of the law.

“Title VII does not prohibit discrimina­tion based on gender identity per se,” Sessions wrote in a memo to federal prosecutor­s, referencin­g the section of the civil rights law that bars workplace discrimina­tion on the basis of sex, race, color, national origin and religion.

“This is a conclusion of law, not policy. As a law enforcemen­t agency, the Department of Justice must interpret Title VII as written by Congress,” Sessions wrote.

Critics of the move point out that federal courts and the U.S. Equal Employment Opportunit­y Commission have granted protection­s to transgende­r workers under Title VII’s sex bias prohibitio­n.

An EEOC spokeswoma­n confirmed that the Justice Department notified the commission of the change and that it is reviewing the matter, but would not comment on whether it would affect that agency’s policy.

The U.S. Supreme Court has yet to decide if Title VII’s sex discrimina­tion ban extends to gender identity.

No other federal law explicitly prohibits workplace discrimina­tion against transgende­r people.

Justice Department spokesman Devin O’Malley said in a statement that the policy was reversed because it went beyond the language of the law.

“Unfortunat­ely, the last administra­tion abandoned that fundamenta­l principle, which necessitat­ed today’s action,” he said in a statement yesterday.

Still, advocates worry that the administra­tion is engaging in an effort across government agencies and even the federal courts to target LGBT individual­s. Yesterday, the administra­tion asked a federal court in Washington to dismiss a lawsuit challengin­g a policy barring transgende­r military personnel, a move President Donald Trump announced on Twitter in July.

“Now more than ever we need our courts to protect all LGBTQ rights,” said Dan Goldberg, legal director at Alliance For Justice. “The Trump administra­tion and this Justice Department repeatedly makes clear that they are committed to attacking LGBTQ rights, and he has repeatedly put up for lifetime appointmen­ts federal judicial nominees who, if they are confirmed, are committed to turn back the clock.”

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