The Equal Employment Opportunity Commission (“EEOC”) recently filed a brief in support of a wrongful termination and harassment lawsuit brought by a transgender former employee of Saks & Co. The EEOC asserts that gender expression is a component of sex discrimination under Title VII. The brief comes on the heels of a lawsuit filed by the EEOC in September 2014 on behalf of a transgender employee of an eye clinic in Florida. Legal protections for transgender employees is an evolving area of the law. Employers should ensure that they are aware of, and implement, best practices with respect to gender identity and expression.