If the eeoc finds that there is clear evidence to support the complaint, it will issue a ruling in favor of the transgender employee, and attempt to conciliate the complaint. If the employer rebuffs the eeoc, the employee can bring the case to federal court under title vii. The fired employee was a transgender woman who the restaurant required to act and dress like a male. Earlier this year, the eeoc took a stand against transgender sexual harassment by filing a lawsuit against bojangles restaurant inc. most appellate courts had come to agree with the eeoc, even when they had not done so in the past. Eeoc office of legal counsel staff members wrote the following informal discussion letter in response to an inquiry from a member of the public. This letter is intended to provide an informal discussion of the noted issue and does not constitute an official opinion of the commission. in a recent adjudication, the eeoc concluded that discrimination against a transgendered individual is sex discrimination. To many readers, this conclusion may seem obvious, but in fact, most courts that have considered the anti-discrimination rights of transgendered employees have taken a narrower approach. i have been in therapy for nearly four years now, and i have been diagnosed as a transsexual. Lakeland eye clinic , in which the eeoc alleged the clinic fired an employee after she informed them that she was transgender and intended to start presenting as a woman, settled. this week, the eeoc issued a fact sheet regarding bathroom access rights for transgender employees under title vii of the civil rights act of 1964, which the eeoc has stated prohibits discrimination on the basis of gender identity. When preventive measures are not enough, she handles eeoc charges, ofccp and dol complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. a funeral home and an eye clinic that fired employees who had changed their sex from male to female were sued last week as the u.