State of Texas, et al. v. United States of America, et al.

Filing 1

COMPLAINT against Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang filed by State of Utah, Heber-Overgaard Unified School District (AZ), Harrold Independent School District (TX), State of Texas, State of West Virginia, Arizona Department of Education, State of Alabama, State of Oklahoma, State of Georgia, Paul LePage, State of Wisconsin, State of Louisiana, State of Tennessee. (Filing fee $400; Receipt number 0539-7604002) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Additional Page(s)) (Nimocks, Austin)

U.S. Equal Employment Opportunity Commission

Fact Sheet: Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of
1964


"Transgender" refers to people whose gender identity and/or expression is different from the
sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The term
transgender woman typically is used to refer to someone who was assigned the male sex at
birth but who identifies as a female. Likewise, the term transgender man typically is used to
refer to someone who was assigned the female sex at birth but who identifies as male. A person
does not need to undergo any medical procedure to be considered a transgender man or a
transgender woman.



In addition to other federal laws, the U.S. Equal Employment Opportunity Commission (EEOC)
enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination
based on race, color, national origin, religion, and sex (including pregnancy, gender identity, and
sexual orientation). Title VII applies to all federal, state, and local government agencies in their
capacity as employers, and to all private employers with 15 or more employees.



In Macy v. Dep't of Justice, EEOC Appeal No. 0120120821, 2012 WL 1435995 (Apr. 12, 2012), the
EEOC ruled that discrimination based on transgender status is sex discrimination in violation of
Title VII, and in Lusardi v. Dep't of the Army, EEOC Appeal No. 0120133395, 2015 WL 1607756
(Mar. 27, 2015), the EEOC held that:
o

denying an employee equal access to a common restroom corresponding to the
employee's gender identity is sex discrimination;

o

an employer cannot condition this right on the employee undergoing or providing proof
of surgery or any other medical procedure; and,

o

an employer cannot avoid the requirement to provide equal access to a common
restroom by restricting a transgender employee to a single-user restroom instead
(though the employer can make a single-user restroom available to all employees who
might choose to use it).



Contrary state law is not a defense under Title VII. 42 U.S.C. § 2000e-7.



In G.G. ex rel. Grimm v. Gloucester Cty. Sch. Bd., -- F.3d --, 2016 WL 1567467 (4th Cir. 2016), the
United States Court of Appeals for the Fourth Circuit reached a similar conclusion by deferring to
the Department of Education's position that the prohibition against sex discrimination under

EXHIBIT H

Title IX requires educational institutions to give transgender students restroom and locker
access consistent with their gender identity.


Gender-based stereotypes, perceptions, or comfort level must not interfere with the ability of
any employee to work free from discrimination, including harassment. As the Commission
observed in Lusardi: "[S]upervisory or co-worker confusion or anxiety cannot justify
discriminatory terms and conditions of employment. Title VII prohibits discrimination based on
sex whether motivated by hostility, by a desire to protect people of a certain gender, by gender
stereotypes, or by the desire to accommodate other people's prejudices or discomfort."



Like all non-discrimination provisions, these protections address conduct in the workplace, not
personal beliefs. Thus, these protections do not require any employee to change
beliefs. Rather, they seek to ensure appropriate workplace treatment so that all employees may
perform their jobs free from discrimination.



Further information from other federal government agencies includes: A Guide to Restroom
Access for Transgender Workers, issued by the U.S. Department of Labor's Occupational Safety
and Health Administration (OSHA), https://www.osha.gov/Publications/OSHA3795.pdf,
and Guidance Regarding the Employment of Transgender Individuals in the Federal
Workplace, https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/referencematerials/gender-identity-guidance/, issued by the U.S. Office of Personnel Management.



If you believe you have been discriminated against, you may take action to protect your rights
under Title VII by filing a complaint:
o

Private sector and state/local government employees may file a charge of
discrimination by contacting the EEOC at 1-800-669-4000 or go
to https://www.eeoc.gov/employees/howtofile.cfm.

o

Federal government employees may initiate the complaint process by contacting an
EEO counselor at your agency; more information is available
at https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm.