On August 19, 2014, OFCCP finally issued a Directive on Gender Identity and Sex Discrimination that clearly acknowledged that gender discrimination under Executive Order 11246 covers discrimination on the basis of transgender and gender identity status. Regular readers of this column may recall my January 2014 article in which I reported a headline from a December 4, 2013 Buzzfeed.com post that read, “Federal Official Refuses to Say Whether Office is Protecting Trans Workers.” Apparently, the only response the agency was willing to offer at that time was a reiteration that “OFCCP follows Title VII precedent in everything.” This was essentially an invitation for the reader to review Title VII case law and figure it out for him or herself.

The purpose of my January article was to shed more light on the subject. I recommended, am