CCH – EMPLOYMENT LAW
Transsexual may have Title VII discrimination claim
Although a transexual plaintiff’s allegations of sex stereotyping failed to state a claim under Title VII, an employer’s motion to dismiss was denied because discrimination against a transsexual may nevertheless violate Title VII’s proscription of discrimination “because of…sex,” ruled a federal district court in the District of Columbia. (Schroer v Billington, DDC, 87 EPD ?42,334)
The plaintiff, a male-to-female transsexual, applied for a position as a terrorism research analyst with the Congressional Research Service (CRS) as a man and dressed in traditionally masculine clothing for the job interview. The plaintiff was highly qualified for the position with extensive military and anti-terrorist experiences, including being appointed the director of a 120-person classified organization charged with tracking and targeting high-threat international terrorist organizations after the September 11, 2001 terrorist attacks. After retiring from the military, the plaintiff became a senior analyst and program manager at a private consulting firm where she worked with the National Guard on infrastructure security issues.
After the job offer, the plaintiff was invited to the office to discuss administrative details and be introduced to some of her future colleagues.