The DOJ’s brief filed Friday in the R.G. and G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission case contended it is the role of Congress, not the courts, to amend the law to include gender identity, if it chooses to do so.
Aimee Stephens, a biological man who identifies as a woman, filed a complaint with the EEOC in 2014 for wrongful termination against R.G. and G.R. Harris Funeral Homes, claiming unlawful discrimination based on sexual identity.
The funeral home dress code has certain requirements in accordance with industry standards for men and women. Nevertheless, the EEOC determined the funeral home discriminated against Stephens by requiring its employee to dress as a man.
