Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Transsexuality Sex Discrimination
In the facts of a recent federal lawsuit, a person applied for a position at the Library of Congress. The staff there was very enthusiastic about the applicant: he had served in the Army as director of a distinguished group that targeted potential terrorists. He had even briefed Vice President Dick Cheney on terrorist identification programs and operations. In short, he was the perfect candidate for the job of Congressional Researcher.
However, at lunch with a Library of Congress official, the applicant informed the official that he would be changing into a woman (a transsexual) before starting work. The next day, the official rejected the applicant, saying the position would not be a “good fit.”
Title VII of the Civil Rights Act makes it illegal for an employer to discriminate based on race, national origin, color, religion, or sex. Sex discrimination covers discrimination based on pregnancy as well as sexual harassment. In addition, the federal judge in the case referenced above ruled that sex discrimination includes discrimination based on a change in a person’s anatomical sex, i.e. transsexuality.
This ruling is consistent with the Civil Rights Act, in that it should make no difference for employment purposes whether a person is anatomically male or female, as long as he or she can perform the basic requirements of the job.
States may expand upon the Civil Rights Act, but are bound by it. For example, some states have enacted laws protecting sexual orientation, gender identity, and even obesity. California, District of Columbia, Hawaii, Illinois, Maine, Minnesota, New Mexico, Rhode Island, and Washington prohibit discrimination based on gender identity. In those states that do not protect gender identity, therefore, a transgendered male could be fired for acting or dressing like a woman. However, under federal law, she could not be fired if she had become an anatomical woman.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
