EEOC settles "transgender funeral director" case

For $250 grand.

I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.

The Equal Employment Opportunity Commission sued the Detroit-area funeral home for sex discrimination under Title VII. The funeral home won summary judgment, but that decision was reversed on appeal to the U.S. Court of Appeals for the Sixth Circuit. Then the funeral home petitioned for review by the U.S. Supreme Court.

The Court agreed to review the case, and -- as we all know -- ruled 6-3 this past summer that Title VII prohibits discrimination based on gender identity. (The Court also ruled that Title VII prohibits discrimination based on sexual orientation.)

About a month before her Supreme Court win, Aimee Stephens died, but her widow carried on the fight.

This week, the EEOC and the funeral home agreed to a settlement of $250,000. According to a report in The Detroit News, $130,000 of that amount will go to Ms. Stephens' estate, and $120,000 will go to the American Civil Liberties Union, which represented Ms. Stephens.

The sexual orientation case -- Bostock v. Clayton County (Georgia) -- is still being litigated.

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    Robin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.

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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.

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