April showers bring May flowers, but recently April has brought a flurry of Equal Employment Opportunity Commission (“EEOC”) discrimination enforcement directed to the protection of transgender employees under Title VII.

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First, a bit of background:  transgender is generally defined as a person who identifies with a gender other than the one they were born

In July, I posted about the perils of gender based hiring. I pointed out that a company can “discriminate” based on protected characteristics (except race), when that characteristic is what is called a “Bona Fide Occupational Qualification” (“BFOQ”).  To be a BFOQ, being a member of that group is essential to the job.  Then, in