Wednesday, May 2, 2012

Sometimes it's nice to be able to see the future

This little bit of information hit the news last week:

EEOC says transgender people protected

It's a pretty important decision for a small segment of our population that has consistently found itself on the outside of anti-discrimination laws. When you think about, the decision makes perfect sense; however, our legal system can be all about splitting hairs, and as the case history of transgender anti-discrimination bias shows, a hair can be split very cleanly when it serves a particular end. The writing has been on the wall (or in the journals) for at least a decade and a half, though. In fact, those of you who have delved deep into my website may have discovered this article I published in 1997 outlining the same argument the EEOC just adopted:

REEVALUATING HOLLOWAY: TITLE VII, EQUAL PROTECTION, AND THE EVOLUTION OF A TRANSGENDER JURISPRUDENCE

Now, if only my stock picks had been as prescient . . .