On December 18, 2014, then-Attorney General Eric Holder announced that the Department of Justice would take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual's gender identity, including transgender status. While Title VII does not apply to military personnel, for some, this change in the Administration's position has raised questions about U.S. law and DOD policies as they relate to transgender individuals. The word "transgender" does not appear in the United States Code, the Code of Federal Regulations, or in any DOD issuances. However, the term "transgender" is typically applied to individuals who do not identify or conform to their physical gender at birth and may include, but is not limited to, those who self-identify as transgender, transsexual, gender-queer, gender non-conforming, or cross-gender. For the purpose of diagnosis, the American Psychiatric Association classifies this condition as "gender dysphoria."
Date of Report: 4/28/2015
Order Number: IN10264
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