About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into. In recent months, the Department of Justice (DOJ) has promoted the view that the federal employment anti-discrimination law, Title VII, does not ban employment discrimination against employees on the basis of gender identity.

On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on the basis of sexual orientation in the workplace. The decision in Zarda v. Altitude Express, Inc. aligns the Second Circuit