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Macy v. Holder

Appeal No. 0120120821 (2012)

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Macy v. Holder

Equal Employment Opportunity Commission

Appeal No. 0120120821 (2012)

Facts

In June 2011, Mia Macy (plaintiff) filed an equal-employment-opportunity complaint with the Bureau of Alcohol, Tobacco, Firearms and Explosives (the agency). The agency was under the direction of Attorney General Eric Holder (defendant). Macy alleged that the agency engaged in unlawful discrimination by not hiring her for a promised job upon discovering that she was transgender. Macy had originally been promised the position while presenting as a man. In Macy’s complaint, she stated that she faced discrimination on the basis of sex, gender identity as a transgender woman, and sex stereotyping. The agency determined that Macy’s complaint should be separated into multiple claims, including discrimination based on sex, gender identity and sex stereotyping, and transgender status. The agency then determined that all claims, other than the sex-discrimination claim, could be reviewed internally rather than by the Equal Employment Opportunity Commission (the commission). The agency’s decision was based on a policy that complaints alleging sexual-orientation and gender-identity discrimination could be reviewed internally but sex-discrimination complaints had to be referred to the commission. The agency’s process of review did not entitle the complainant to a hearing. The agency was also limited as to the remedies that could be awarded. Macy appealed the agency’s decision to the commission on the ground that the agency had improperly determined that most of her claims did not constitute sex discrimination.

Rule of Law

Issue

Holding and Reasoning (Wilson, J.)

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