GayCityNews.com – Arthur S. Leonard
U.S. District Judge James Robertson issued a decision on March 31 calling for a new approach to transsexual discrimination claims under the federal Civil Rights Act of 1964. Refusing to dismiss Diane J. Schroer?s lawsuit against the Library of Congress for refusing to hire her for a terrorism research position, Robertson suggested that federal courts should interpret the statutory ban on sex discrimination to include discrimination based on gender identity.
Robertson?s opinion recognizes that a federal appeals court in Cincinnati, ruling on two different Ohio cases, as well as a recent federal trial court decision from Pennsylvania, have found protection for transsexuals under the statute, but those cases used a sex stereotyping theory that Robertson found unsuitable for Schroer?s case.