Analysis

EEOC's Trans Bias Win Exposes Shakiness Of RFRA Defense

Law360 (March 8, 2018, 9:45 PM EST) -- The Sixth Circuit’s groundbreaking decision Wednesday that a funeral home owner’s religious beliefs didn't shield him from a U.S. Equal Employment Opportunity Commission suit claiming he illegally fired a transgender employee serves as a clear warning to employers that the Religious Freedom Restoration Act is a questionable tool to defend against trans discrimination suits, experts say.

In its ruling, the Sixth Circuit held that R.G. & G.R. Harris Funeral Homes Inc. violated Title VII by firing funeral director Aimee Stephens after she informed owner Thomas Rost that she was transitioning from male to female and wanted to dress in women’s clothing...

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