Transsexual Sues the Federal Government
Okay, we all knew this would happen soon after ENDA passed, without the trans inclusive language. A sex discrimination case against the Library of Congress. Diane had applied for a job in 2005, then was offered the job. Diane wanted to start out the working relationship with her future employers on an honest note, so she told them that she was a MtF transsexual, and then, later she received a phone call telling her she wasn’t a “good fit” for the job after all. Here is some more about this story, found at the Logo News website.
“Diane Schroer filed the suit in 2005 …the government fought the suit alleging that Title VII, which protects against sex discrimination, does not protect transgender workers.”
“The court did not specifically address the question of whether Title VII’s ban against sex discrimination also bans discrimination based on gender identity. It did, however, reject the government’s contention that laws barring sex discrimination are limited to a person’s chromosomal configuration.”
The courts declared that this is a sex discrimination case, and has nothing to do with gender identity. Sex discrimination does not depend on a person’s chromosomal configuration, but rather on many different factors. And this is encouraging that the courts are beginning to recognize that a person’s sex doesn’t just depend on chromosomes or what’s between their legs. This is an important first step in gaining fair and just treatment in the future.
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