What is the rationale for the scope of what EEOC prohibits discrimination against?

More precisely, I have been fired for a trait of character (pessimism) that seems to me to be as much an integral & unchangeable part of my personality, as a transgender's sexual identity for instance. It's even possible my genetic make up might impact this trait of character. As objectively as I can look at my own situation, I feel discriminated against.


1 Answer 1


The scope of EEOC discrimination prohibitions is the law which empowers the EEOC to prohibit anything. There are very many such laws, passed by Congress: here is a list of laws and associated regulations (for the statutes passed by Congress, look for the stuff labeled "U.S.C". For example, racial discrimination is prohibited, under Title VII of the Civil Rights Act of 1964. So far, Congress has not made personality trait a protected class. Whether or not sexual self-identification can be subsumed under sex discrimination is not a resolved matter (but even if it were, you would have to establishing that a personality trait is a concommttant of transgender identity).

  • My thinking was along the lines of it might be genetic make up, it might be linked to a medical condition (depression). I picked the transgender example very randomly, no connection at all to my case. If I read your answer correctly, suing on this basis has ~ 0 chances, right? Commented Feb 21, 2020 at 21:04

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