| Summary: | Indiana University-Purdue University Indianapolis (IUPUI) === In the U.S., the transgender community disproportionately experiences a rate of
unemployment three times that of the national average. These nearly 1.4 million
individuals receive no explicit federal employment protections. Though judges have
historically concluded that Title VII of the Civil Rights Act of 1964 does not offer such
protections, the Sixth Circuit recently concluded that transgender discrimination is
prohibited under Title VII.
A study was conducted to discern what lead to the Sixth Circuit explicitly
extending Title VII’s sex-based protections to transgender individuals. Analysis
consisted of data from historical Title VII legal cases—citing sex-based discrimination—
brought by, or on behalf of, transgender individuals in the Sixth Circuit. The sample
included 20 court records from 11 legal cases identified through the Nexis Uni database.
Both a thematic analysis and a Critical Discourse Analysis (CDA) were
conducted. The thematic analysis illustrated four distinct steps taken by the Sixth
Circuit—in addition to the two steps previously taken by other Circuits and the Supreme
Court. Each stage revealed small deviations in statutory interpretation and application,
which lead to a marked change in the legal discourse on Title VII’s sex-based
discrimination prohibition. The CDA compared the Circuit’s starting discourse to its
more recent discourse and found judges’ moved from a passive to an active role in
constructing the legal discourse. Overall, the study illustrates the judicial branch of government’s influential
impact on employment rights, and more broadly, social justice. Further, the study
presents legal engagement as essential to the pursuit of social change. Given social
work’s value of social justice, forensic participation is a suitable addition to the social
work toolkit. === 2023-08-05
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