Labor & Employment Law

Transgender employee fired for "violating dress code." Not a Title VII violation

Chief Judge Robert L. Miller of the U.S. District Court for the Northern District of Indiana ruled on January 5 that an employer who discharged a gender-transitioning (male-to-female) retail sales employee for letting her hair grow longer than the employer deemed appropriate for men and using make-up, had not violated the ban on sex discrimination under Title VII of the Civil Rights Act of 1964 and a similar Indiana state law, because the employer was merely enforcing a non-discriminatory dress code. Creed v. Family Express Corporation, 2009 Westlaw 35237.

So begins a lengthy description of the Creed v. Family Express Corporation case.

For the full explanation, go right now to Retail Employer Can Fire Transgender Employee for Violating "Dress Code" by Professor Arthur S. Leonard at Leonard Link.

Full post as published by Ross' Employment Law Blog on January 14, 2009 (boomark / email).