Total Articles: 14
Roberta's Back: Transgenderism in the Workplace Revisited
A recent case before the United States Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) gives us additional insight into how courts view and address gender identity issues.
11th Circuit Rules for Transgender Employee in Sex Discrimination Case
The typically conservative Eleventh Circuit Court of Appeals recently found in favor of a transgender employee claiming sex discrimination when her employer fired her after she announced plans to undergo a gender transition. The Georgia General Assembly's Office of Legislative Counsel (OLC) hired Plaintiff Vandiver Elizabeth Glenn in 2005 as an editor.1 At that time, Glenn presented as a man named Glenn Morrison. Approximately one year into her employment with the OLC, Glenn told her supervisor that she was a transsexual and came dressed to the office's Halloween party as a woman. In 2007, Glenn announced she would be transitioning from a male to a female. For Glenn, this meant she would be coming to the office dressed as a woman and would legally adopt a female name. Following this announcement, the head of the OLC, Brumby terminated Glenn's employment.2
11th Circuit Rules for Transgender Employee in Sex Discrimination Case
The typically conservative Eleventh Circuit Court of Appeals recently found in favor of a transgender employee claiming sex discrimination when her employer fired her after she announced plans to undergo a gender transition. The Georgia General Assembly's Office of Legislative Counsel (OLC) hired Plaintiff Vandiver Elizabeth Glenn in 2005 as an editor.
Transgender Employee Fired by Government Employer Is Protected Under Federal Law
The Eleventh Circuit Court of Appeals recently held that a transgendered government employee was entitled to protection under the Equal Protection Clause of the U.S. Constitution and could not be fired because of his or her gender non-conformity unless the government employer could demonstrate a “sufficiently important governmental purpose.” Glenn v. Brumby, Nos. 10-14833 and 10-15015, Eleventh Circuit Court of Appeals (December 6, 2011).
Gay Male Worker's Harassment, Retaliation Claims Reinstated
A federal appellate court recently reinstated a lawsuit brought by an employee who claimed that he was subjected to unlawful harassment based on his sexual orientation and fired in retaliation for reporting the misconduct. According to the Ninth Circuit Court of Appeals, the company had adequate knowledge of the alleged harassment before it terminated the employee. Furthermore, the court found that the "temporal proximity" between the worker's complaints and his discharge justified allowing the worker to proceed on his retaliation claim. Dawson v. Entek International, No. 09-35844, Ninth Circuit Court of Appeals (January 10, 2011).
As ENDA Lingers in Congress, a MDV in Maine.
Just recently I was having what is a frequent conversation about what I do for a living, basically -- how interesting it is. And how although I am now 35 years into the practice I am still amazed at the new situations and the complexity of issues that I see, or as in this case read about.
Which Restroom? Employers Face Challenges With Gender Identity Issues.
Good Eats, Inc. runs a family restaurant in a state which prohibits discrimination in employment based upon gender identity and disability. Its employees are required to wear name-tags, and to dress the same (black pants and shirt, minimal jewelry, conservative make-up). It has men's and women's restrooms, used by customers and employees alike. An employee (George) tells the manager that he is in transition to becoming a woman, and wants:
New Challenge to the Federal Defense of Marriage Act.
On September 15, 2009, a bill (H.R. 3567, entitled the "Respect for Marriage Act of 2009") was introduced in the U.S. House of Representatives to repeal the federal Defense of Marriage Act (DOMA) and to "ensure respect for State regulation of marriage."
WILL CONGRESS BAN SEXUAL ORIENTATION DISCRIMINATION?
The passage of Proposition 8, overturning the California Supreme Courts decision authorizing marriage between same-sex couples, has brought visibility and controversy to California. The debate over the measure has dominated political and private discussions with an intensity that suggests civil rights laws will continue to be hotly debated including those related to employment and the workplace.
Changing Genders; Changing Laws, Part 2
In Part 1 of this article (Labor Letter, August, 2007) we looked at some of the sources of the expanding law of gender identity discrimination. In this conclusion, we'll deal with some of the specific protections that are out there and look at some of the concerns employers may face in dealing with this issue.
Changing Genders; Changing Laws, Part 1.
Gender identity discrimination is a rapidly developing area of employment law and all employers, whether or not they are located in a jurisdiction prohibiting this type of discrimination, should take note. In this issue we'll take a look at the basis for some of these laws. In a future article we'll address some specific problems employers face in dealing with this issue.
Sixth Circuit Says Title VII Protects Transsexuals From Sex Stereotyping (pdf).
In a decision that may have consequences beyond its circuit
of origin, the U.S. Court of Appeals for the Sixth Circuit has
held that a self-identified transsexual can sue for sex
discrimination under Title VII on the basis of discrimination
due to nonstereotypical behavior and appearance.
Title VII Permits Firing of Cross-Dressing Trucker.
A male truck driver who was fired after disclosing to his supervisor that he sometimes dressed and acted like a woman, could not pursue a Title VII claim.
Ninth Circuit Permits Title VII Harassment Suit by Openly Gay Employee.
A gay employee subjected to offensive physical contact and hostile verbal remarks could take his sexual harassment claim to trial.
