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Transgender Woman Wins Discrimination Lawsuit In D.C.

Published by on September 22, 2008

A transgender woman has won a bench trial in the U.S. District Court for the District of Columbia on her claim under the Civil Rights Act of 1964 for discriminatory refusal to hire based on gender.  The court’s opinion can be found here.  Additional news coverage of the case can be found here, here and […]

A transgender woman has won a bench trial in the U.S. District Court for the District of Columbia on her claim under the Civil Rights Act of 1964 for discriminatory refusal to hire based on gender.  The court’s opinion can be found here.  Additional news coverage of the case can be found here, here and here.

The plaintiff in the case was a former male Special Forces commander who was transitioning to become female.  She applied for a position with the Library of Congress, which decided to rescind its offer of a position to her after it learned she was transitioning.  The court acknowledged that Title VII did not prohibit discrimination based on transgender status, but found that the decision not to offer the plaintiff a position violated Title VII because it was based on gender stereotyping (i.e. a Price Waterhouse type claim) and because the decision was ultimately based on her sex.

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