In the ongoing case of Saks Fifth Avenue claiming that it has the right to discriminate against transgender employees, the Human Rights Campaign and National Center for Lesbian Rights have followed up the formal refutation of Saks’ motion to dismiss the case by filing an amici curiae brief to further deny Saks’ motion to dismiss. It is a dense and thorough read, but the heart of it is this:
Amici agree with Plaintiff that SAKS’ motion to dismiss ignores a host of case law and the conclusions of the EEOC and Department of Justice, all of which firmly establish that harassment or discrimination against a transgender person, whether for having transitioned their sex or for not conforming to gender-based stereotypes, constitutes sex discrimination under Title VII. Therefore, taking all the factual allegations of the complaint as true, as the Court must at this stage, the motion to dismiss should be denied.
Saks has not made any response as of the writing of this post.
Read the brief below: