By: Leah Shams-Molkara
Title VII of the Civil Rights Act of 1964 was meant to address
and prevent sex discrimination against males and females in the
workplace. There exists, however, a group of individuals that
have been denied the protection of this monumental law. Those
individuals are transsexuals. Transsexualism is a medically
recognized condition where an otherwise physically normal person
does not identify with the gender characteristics of their
biological sex. As a result they have a profound desire to
become a member of the opposite sex, and many times take the
surgical steps to transform themselves physically into their
desired sex.
Due to the complex physical and psychological aspects of their
medical condition, transsexuals must not only grapple with the
symptoms of their disorder, they often become victims of
stereotyping, ridicule and dehumanization. In addition,
transsexuals have been denied the full protection of the law.
This is especially true in the area of employment
discrimination.
Various federal courts have been reluctant to afford protection
specifically to transsexuals under Title VII of the Civil Rights
Act for employment discrimination on the basis of sex. These
courts have denied this protection despite recent decisions in yet
other courts that have expanded coverage to transsexuals, allowing
them legal redress under the less familiar form of “gender
discrimination.” In a recent decision in April 2005, the
District of Utah Court stated that transsexualism was a “drastic
action” and one that represents a “profound disturbance of the
individual’s sense of identity with regard to femaleness and
maleness,” thereby marginalizing transsexuals, and denying them
protection under the law.
This Note attempts to tackle the issues faced by transsexuals,
and prove that when they are victims of “gender discrimination,”
Title VII of the Civil Rights Act is in place to give them the full
protection of the law.