GayCityNews.com – By Arthur S. Leonard
The U.S. 10th Circuit Court of Appeals, based in Denver, rejected a sex discrimination claim by a transgendered bus driver whose employer dismissed her because she insisted on using women’s restrooms along her route.
The unanimous September 20 ruling maintained that the employer’s policy did not discriminate on the basis of sex, and so did not violate a federal sex discrimination statute.
Born Michael Etsitty but now living and presenting as a woman and using the name Krystal, Etsitty sought a job as a bus driver with the Utah Transit Authority (UTA). Although she had been taking hormones as part of her gender transition for several years, Etsitty applied for the job with her male name and used men’s rooms during the training period.