This is somewhat disheartening, given the tremendous backing the Obama Administration has given transgender persons in so many ways. My guess is that the Labor Department personnel who are asked are just afraid of coming out definitively with a statement, and would rather the judiciary handle it (as they have, in Macy v. Holder et al).
Thank you Devin Payne for this link. This is huge news – while the outcome of Macy v. Holder in 2012 paved the way for a sea-change in transgender employment practices, this is the first case which went the full 9 yards after Macy, and it’s a win! I can’t emphasize how important this is, and it helps start the chain of setting precedent for protecting the jobs of transgender persons.