I recently received, from former OFCCP colleagues, a copy of an article posted on Buzzfeed.com on December 4, 2013. The headline read, “Federal Official Refuses to Say Whether Office is Protecting Trans Workers.” Apparently, the only response the agency was willing to offer was a reiteration that, “OFCCP follows Title VII precedent in everything.” The purpose of this article is to shed some light on what that response may actually mean for Federal Contractors.
The question arose because of an April 2012 decision by the Equal Employment Opportunity Commission (EEOC) in the case of Mia Macy v. Eric Holder, Attorney General, Department of Justice (Bureau of Alcohol, Tobacco, Firearms and Explosives), EEOC Appeal No. 0120120821, April 2012. The issue resolved in