RG & GR Harris Funeral Homes has been serving the Detroit area for more than 100 years. To ensure that the family members and friends of a deceased love one are focused on processing their grief, the funeral home has professional conduct and dress codes. In 2007, the funeral home hired Stephens, a biological male, who agreed to abide by these codes, including the company’s sex-specific dress policy, in his work as a funeral home director. Six years later, Stephens approached the funeral home’s owner, said that he was actually a woman trapped in a man’s body, and expressed his intent to come to work wearing a dress. The owner was very concerned about Stephens and also about other employees and clients; he ultimately determined that it was best for everyone to part ways. The EEOC sued and claimed that this was “sex” discrimination under Title VII. The 6th Circuit agreed, but the Supreme Court has now agreed to hear the case. Although the federal government now concedes that it was wrong in the interpretation of Title VII that it persuaded the 6th Circuit to adopt, Stephens, represented by the ACLU, defends the 6th Circuit’s ruling. This teleforum will examine: (1) whether the public meaning of “sex” discrimination when Title VII was enacted in 1964 included gender identity and transgender status, and (2) whether Stephens has stated a claim for sex stereotyping under Title VII.
Featuring:
John Bursch, Founder, Bursch Law PLLC and Vice President of Appellate Advocacy and Senior Counsel, Alliance Defending Freedom

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.