Labor & Employment Law

Federal District Court recognizes cause of action for alleged transgender discrimination

Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Schroer v. Billington, ___F.Supp.2d___(D.D.C Sept. 19, 2008), is an important decision. The court held that a male-to-female transgendered job applicant was unlawfully denied a position at the Library of Congress based on sex. The District Court thus recognized a Title VII discrimination claim based on transsexuality.

The court rejected the library's defenses on the merits that included such as concerns about her ability to obtain a security clearance (a veteran who had security clearance as a male), her trustworthiness, and the potential that her transition would distract her from her job.

The court concluded that the applicant was entitled to judgment based on a Price Waterhouse-type claim for sex stereotyping. Significantly, however, the court went further, ruling the applicant was entitled to judgment "based on the language of the statute itself," as the Library's refusal to hire her "was literally discrimination 'because of... sex.'" An individual who changes religions from Christianity to Judaism could not lawfully be fired by an employer that professes to harbor no bias toward Christians or Jews, but only "converts," the court noted.

Look for this case to be appealed. Students of employment discrimination will want to watch this case.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on September 26, 2008 (boomark / email).