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The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”
I’ll explain why.
In October 2019, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court concluded that Title VII prohibits an employer from discriminating against someone merely because they are gay or transgender. The Supreme Court made clear that “[f]or an employer
